Guidance for managing Gypsy and Traveller sites

The Welsh Government’s Anti-racist Wales Action Plan sets out its vision for making Wales an anti-racist nation. The actions within the plan include the steps we will be taking to achieve anti-racism for Gypsy, Roma and Traveller communities in Welsh society.

We recognise the cultural differences which have often led to the social exclusion of these groups, and we want to ensure these communities are heard in service delivery. This guidance was therefore informed by engagement with Gypsy, Roma and Traveller community members. This document provides updated guidance for local authorities, including how to comply with the terms of the Mobile Homes Act (Wales) 2013 (“the 2013 Act”).

Site management should actively promote public health, mental health, and equitable access to healthcare and support services. This includes considering the site’s location, environmental quality, and proximity to essential facilities, as well as fostering social inclusion and reducing isolation. By embedding health and wellbeing as a core principle, local authorities can ensure that site management supports positive outcomes for all residents.

The Welsh Government has issued guidance for healthcare practitioners on improving access and outcomes for Gypsies and Travellers, promoting equality and culturally informed care. Often for policy purposes and to ensure the distinctness of these three communities are reflected, the term Gypsy, Roma and Traveller is used. However, this guidance uses the definition of Gypsies and Travellers as set out in section 62 of the 2013 Act and section 108 of the Housing (Wales) Act 2014, which state:

‘Gypsies and Travellers’ means:

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 this definition is to ensure that 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 could also be captured by the definition if they can demonstrate a cultural tradition of nomadism or of living in mobile homes.

Individuals do not necessarily need to demonstrate a continued nomadic habit of life to be considered to be Gypsies or Travellers for the purposes of this guidance.

Applying a human rights-based approach to developing Gypsy and Traveller sites is essential to ensuring fairness, inclusion, and a genuinely collaborative approach to ensure the needs of Gypsies and Traveller communities needs are met. This approach aligns with the Guidance’s emphasis on co-production, the Public Sector Equality Duty (PSED), and the UN Sustainable Development Goals, all of which highlight the importance of inclusive and representative engagement.

These elements provide a strong foundation for local authorities to apply to their approach to managing Gypsy and Traveller sites, where it is recognised rights are inherent to all individuals.

This document is intended as a guide to local authorities in meeting the requirements of the 2013 Act and to develop well-managed sites for the well-being of its residents. This guidance is non-statutory, but it is recommended that local authorities have regard to the advice contained in this document unless they have sound reasons not to do so.

Evidence of a local authority having regard to this guidance will also form a key consideration of the Welsh Government when deciding on the award of any capital grant funding in relation to local authority Gypsy and Traveller sites.

Where contracted management arrangements exist on a site which is the subject of a bid for capital grant funding, a copy of a blank management contract must be submitted to the Welsh Government on request. This will help satisfy the Welsh Government that proper site management is in place on sites seeking investment.

Site provision clearly needs to be accompanied by good quality site management. The Welsh Government wants to encourage and support the sharing of good practice and consistent approaches to managing accommodation for Gypsies and Travelers. This guide aims to provide a useful tool to help achieve this for existing and future local authority Gypsy and Traveller sites.

This guidance should be equally useful in assisting local authorities who are planning the development of new sites and those who already manage sites, as well as site residents. It should be used as a basis for facilitating good site management. The aim is to encourage positive, realistic and practical approaches to resolving issues which can arise in the management of sites through underinvestment, neglect or anti-social behaviour.

This Managing Gypsy and Traveller Sites guidance should be read in conjunction with the Welsh Government’s Designing Gypsy and Traveller Sites in Wales.

Local authorities having regard to both guidance documents will help to ensure that local authority sites in Wales:

• are sustainable, well managed and that maintenance is planned and not always reactive
• have equivalent standards to those that would be expected on non-Gypsy and Traveller mobile home sites
• are managed in collaboration with residents to create the necessary conditions to encourage and develop good relations between Gypsies and Travellers and the settled community, and between site residents and owners/managers

This guidance replaces the 2015 ‘Managing Gypsy and Traveller Sites’ guidance, embedding the goals of the Anti-racist Wales Action Plan.

In developing this guidance, the Welsh Government has aimed to align standards for sites, where practicable, with those that the settled community can expect to experience in local authority housing. In most cases the direct comparison is made to other types of mobile home sites, such as the Welsh Government standards under section 10 of the Mobile Homes Act 2013, but in some instances, it is appropriate to draw comparisons with social housing provision.

Through The Anti-racist Wales Action Plan, the Welsh Government has recognised that safe, culturally appropriate accommodation is necessary in order for individuals to flourish in other parts of their lives, and has committed to addressing the lack of site provision and poor quality of Gypsy and Traveller accommodation in Wales.

Local authority Gypsy and Traveller residential and transit sites were also brought within the definition of ‘protected sites’ for the purposes of the 2013 Act, providing security of tenure for residents of these sites.

This guidance focuses solely on local authority owned or managed Gypsy and Traveller sites, both permanent and transit. More information about other types of sites can be found at: Guidance for designing Gypsy and Traveller sites.

This guidance is aimed at those with day-to-day and operational responsibility for local authority owned or managed Gypsy and Traveller sites. This is likely to include a ‘site manager’ and a more strategic local authority ‘operational manager’.

The term ‘site manager’ is used in this document to describe any person with day-to-day responsibility for the running of a local authority site. The job title may vary from one local authority to another, and the roles and responsibilities laid out in this document may be equally applicable to a site ‘caretaker’ or a site ‘warden’.

Some local authorities have created an unofficial site warden position for the head of the extended family occupying the site. Although some of the responsibilities outlined in this guidance may apply to these positions, it is likely that ultimate responsibility for managing the site will fall on the local authority operational manager. This will be especially likely where the unofficial site warden is unpaid.

The ‘operational manager’ in this guidance is intended to refer to the local authority official with overall responsibility for these sites. Where the responsibility lies will depend on the specific local authority structure, since the department with management of these sites often varies between housing, planning and estates departments.

Some local authorities with small sites may opt not to create a specific ‘site manager’ role. Nevertheless, the responsibilities outlined in this document will still apply to the local authority who owns/leases and manages these sites. Therefore, where this document refers to the responsibilities of the ‘site manager’, a local authority which has not made an appointment to that specific role should interpret those responsibilities as falling to their operational manager instead.

Where a local authority has outsourced the day-to-day management of any site, the operational manager is expected to ensure that due regard continues to be had to this guidance. The ultimate responsibility for the management of these sites remains with the local authority.

The name of the person with day-to-day responsibilities for each local authority site should be notified to the Welsh Government.

The definitions of terms used in this guidance document are included in the glossary at Annex 1.

The local authority owner or leaseholder has responsibility for the general maintenance and upkeep of their sites, including repairs and compliance with the terms of the 2013 Act. Chapter 3 of Schedule 2 to the 2013 Act sets out the implied terms that apply to all transit pitches of a local authority site and Chapter 4 sets out the implied terms that apply to all permanent pitches of a local authority site.

It is the responsibility of the local authority to decide how their sites will be managed on a day-to-day basis.

There are 3 basic site management options:

• In-house
• Contracted
• Site leases

The local authority should ensure that decisions about the way in which any site is to be managed are made only after they have obtained the views of the residents or potential residents of the site. As the site occupants, residents will have important views on the most appropriate and viable solution.

Paragraph 52 of Schedule 2 to the 2013 Act expressly requires the local authority to consult residents about improvements to be made to a permanent site in general, and in particular, about those which the local authority wishes to be taken into account when determining the amount of any new pitch fee. The local authority must also consult a qualifying residents’ association (if there is one), about all matters which relate to the operation and management of, improvements to, or any proposed change of use of, the site and which may directly or indirectly affect the residents on the permanent site.

In house management may be provided by local authority officials with relevant experience or expertise, which should include experience of engaging with Gypsy and Traveller communities.

The site manager employed by the local authority may be from within the Gypsy or Traveller community and may also live on site. Where the manager lives on site, it is important for local authorities to ensure that appropriate training is provided to ensure the individual is competent to undertake this role (see Training section).

Prior to appointing an onsite manager, local authorities should consult with site residents.

The local authority, after consulting with site residents, may choose to contract out the management of a site to an external organisation. Care should be taken before making this choice as anecdotal evidence suggests that sites with contracted management arrangements have suffered from underinvestment in site maintenance and strained relationships with site residents. However, consultation with residents may help identify solutions to such issues.

The local authority will retain ultimate responsibility for the management of the site, as the site owner, even if management of the site is contracted out to a third party.

Contracting arrangements will be subject to each local authority’s own procurement policy. Local authorities will be expected to ensure that any person appointed has the necessary skills and experience to fulfil this role, including experience of engaging with Gypsy and Traveller communities. It is recommended that all contracted management arrangements include a requirement for regular appraisal of performance against agreed objectives. The local authority should ensure that it has the ability to terminate the contract if there is evidence of poor performance.

Before entering into any management contract, the local authority must ensure that due regard is had to the model standards specified by the Welsh Ministers under section 10 of the 2013 Act and to this Guidance and that the implied terms set out in Chapters 3 and 4 apply to the site as required.

Local authorities should also ensure that they approve any express terms the external manager seeks to impose on site residents before they are proposed.

Management contracts must ensure that all personal data and sensitive personal information is processed in line with the Data Protection Act 2018 and UK GDPR.

A different approach to site management could be achieved through site leasing.

Local authorities may wish to lease their sites to organisations which possess particular experience in working with Gypsy and Traveller communities and have a sound cultural understanding of what is required to effectively manage such sites.

Such partnerships may offer better value for money and improved relationships with residents, but any qualifying residents' association must be consulted before a local authority decides to enter into such an arrangement as required under the 2013 Act.

Under this type of management arrangement, the local authority retains responsibility for ensuring that the site is managed properly and in compliance with the 2013 Act and local authority policies and procedures.

The appropriateness of these management options will depend on the circumstances of each individual case. Maintaining direct site management will ensure that the local authority is aware of any concerns or maintenance issues at an early stage. This will also help to ensure the consistent management of these sites, replicating the management of social housing stock as closely as applicable.

A decision to contract management or lease the site should never be made on financial grounds alone. Whilst cost is a factor which local authorities may take into account, the final decision should be made on the basis of what would be the most appropriate option to ensure due regard is had to this guidance, the most effective management of the site and the best relationship with and outcome for site residents.

Local authorities should follow their own recruitment procedure for the site manager role, as appropriate.

However, the recruitment process should be open and fair and ensure equal opportunities for all applicants. Various advertising media should be considered so that the recruitment process is accessible to all, including Gypsy and Traveller representatives or site residents. For example, listing the opportunity in community publications such as ‘Travellers’ Times’ should be considered. An advert should also be made available on the site itself to ensure that residents are made aware of the opportunity.

Where an organisation is to be contracted to manage the site, local authorities must consider the prospective site manager’s suitability for the role.

It should be recognised that a requirement for a site manager to hold formal qualifications could restrict the eligibility of some Gypsy or Traveller applicants. Local authorities can mitigate this by providing the appropriate training and support to help members of the community apply. A basic level of maths and English may be required to ensure administrative tasks can be completed effectively. However, experience of housing management and of working directly with Gypsies and Travellers are likely to be amongst the most important requirements for this role. A strong commitment to equal opportunities and community cohesion, including within and between other communities is also required. Site managers must be able to demonstrate an awareness of and ability to comply with Welsh Government and local authority policies for managing local authority sites, and the legal requirements relating to mobile home agreements and site management under Schedule 2 to the 2013 Act.

Potential managers should also be able to demonstrate well developed interpersonal skills in order to be able to communicate effectively with all stakeholders in varying situations and also to gain the trust and respect of the residents.

Local authorities should strongly consider including a site resident on the panel as a component of the site manager interview. Alternatively, candidates could be invited to visit residents at the site, if residents agree. These approaches could provide useful evidence of the applicant’s experience of working with members of these communities and provide a sound foundation for good relations between residents and the successful site manager.

Members of any residents’ panel should be made aware that whilst their opinions will form an important part of the recruitment process, the final decision will be made by the local authority (and/or the contracted management organisation, if applicable).

All applicants should be advised that as the successful candidate will be working with vulnerable groups, including children, any appointment will be subject to an Enhanced Disclosure and Barring Service (DBS) check (formerly Criminal Records Bureau check).

Once a site manager has been appointed, their training needs should be considered. Health and safety, first aid and fire safety training should be provided by the local authority, where necessary. Site managers are likely to need to undertake risk assessments on sites so should also be provided with the necessary training to ensure that they can be competent at carrying out these assessments.

Training on cultural awareness, site contracts, public health awareness to promote positive health outcomes and equality and diversity should be provided. It is essential for the site manager to understand the Gypsy and Traveller way of life in order to sensitively and successfully manage the site and gain trust and respect from the site residents. Where the manager does not have a Gypsy or Traveller background, it is particularly important that suitable training is given.

Undertaking equality and diversity training should also help site managers to consider how to respond to the needs of young people, elderly or disabled residents (for example) living on site. This training is often available from organisations supporting these communities, such as those listed in Annex 2.

Site managers should be fully aware of hate crime legislation and the rights and protections given to Gypsies and Travellers under the Equality Act 2010.

Training such as how to comply with data protection and freedom of information legislation may be valuable in the context of the personal information which site managers will need to process.

Wider training in the social housing context would also allow a broad overview of housing issues and familiarise the manager with general current housing issues and policies. Such training will help to ensure that local authority sites are not managed in isolation of prevailing approaches and developments in other types of social housing provision.

The site manager should be in a position to advise residents on issues such as how to access advice on Universal Credit / Local Housing Allowance. In a general sense, levels of literacy in Gypsy and Traveller communities remain lower than in the wider population and social security forms can be difficult to complete. The site manager should be equipped to provide residents with a suitable point of contact who will be able to provide assistance. However, site managers should not be expected to advise residents on which state benefits they should claim or sign the declaration on any claim form. Site managers may wish to refer residents to guidance from Citizens Advice Bureau including the Advice and Advocacy services outlined in Annex 2 on how to identify their entitlement to benefits and to correctly complete these forms.

It may be useful to commence the appointment of a new site manager before the outgoing manager has given up their post to allow for a period of shadowing.

A manager should have a good understanding of the site before taking responsibility for it. They should work with the local authority owner/leaseholder and, if possible, the outgoing site manager, to become familiar with the site and the residents. Some of the history of many of the local authority sites in Wales can be understood through the Welsh Government-commissioned Accommodation Needs of Gypsy Travellers in Wales report by Pat Niner (“the Niner report”).

Where an existing site manager is in place, procedures should be created for the handover of the site to the new site manager. These should include:

• identifying any maintenance issues
• providing plans or layouts of the site including dimensions, pitch boundaries and fire breaks (a aerial photograph would be very beneficial)
• lists of residents and which pitches they occupy
• information on the electricity and water suppliers and supply location as well as details on all other service suppliers such as gas bottle suppliers and any waste removal arrangements that are in place
• details about existing pitch agreements

The site manager should familiarise themselves with and build good links with site stakeholders.

These typically include:

• health visitors and midwives: ensuring continuity of care for families, including maternity and early years support
• primary care clusters: responsible for healthcare provision for all people in the local authority area, including Gypsy and Traveller residents
• public health teams: integrating health promotion and addressing health inequalities
• Regional Partnership Boards and Public Sector Boards: supporting strategic planning and resource alignment
• third sector organisations: providing health, wellbeing, and community engagement support
• education services: promoting access to learning and digital inclusion
• neighbouring communities: including housed residents and local businesses, to foster positive relationships and reduce isolation
• service providers to the site: ensuring consistent delivery of essential services
• emergency services and police: for safety, safeguarding, and emergency preparedness
• other Gypsy and Traveller sites within the local authority: to share best practice and coordinate support
• Gypsy and Traveller organisations and representation groups: offering expertise in health, wellbeing, and community engagement
• Gypsy Roma Traveller advocacy and advice contract holder: providing advice and advocacy
• the Welsh Government

Developing strong working relationships with these stakeholders will help ensure effective site management and community cohesion.

In terms of utilities, site managers should keep a record of:

• the suppliers
• procedures for provision of gas, electricity and water
• procedures for provision of waste disposal facilities
• payment arrangements
• service arrangements and dates for inspection/maintenance
• emergency contacts and procedures including shut off points and fire hydrant points

All keys for the site should be handed over to the new manager and a log kept by the site owner of the keys given. Where all keys cannot be accounted for the owner should consider having new locks installed.

The new manager should be given all relevant accounting information including an up-to-date and comprehensive list of:

• pitch fees (including where these vary according to size)
• utility rates
• other service charges
• payments made and dates received (a record book should be in operation for each pitch)
• outstanding payments or arrears

Where any payment arrangements are not yet in place, it should be agreed whether the sums due are paid directly to the local authority / contracted management organisation or to the site manager. It is recommended that pitch fees are paid directly to the local authority. However, if these fees are paid to the site manager a system should be implemented to record the payments received and the transfer of fees to the relevant local authority. In these instances, residents should be issued with a ‘rent book’ as per standard tenancies. Similar arrangements should be considered for handling payments for utility services.

Residents may request evidence of charges under paragraph 52(1)(b) of Chapter 4, Schedule 2 of the 2013 Act.

Download site manager job description.

Fire safety in almost all premises other than private dwellings in Wales (and England) is governed by the Regulatory Reform (Fire Safety) Order 2005; often known as “the FSO”. It places duties on the “responsible person” for each premises, gives the Fire and Rescue Service powers to inspect and enforce those duties, and provides for sanctions up to and including criminal prosecution in cases of non-compliance.

What follows is a basic guide to the FSO and how it should be applied to Gypsy and Traveller sites. However, while the FSO applies to Gypsy and Traveller sites, it was designed with permanent buildings (and especially buildings that are workplaces) in mind, and some flexibility is needed in applying it to premises such as Gypsy and Traveller sites.

On a typical Gypsy and Traveller site, the FSO applies to all of the land comprising the site, and to any common or shared permanent structures such as site offices or communal facilities. It also applies to any amenity blocks that are shared by members of more than one family, even if only temporarily. It does not apply to individual caravans, nor to amenity blocks that are exclusively available for use by members of only one family, as these are private dwellings. However, the risk of fire breaking out within, and spreading from, a caravan can be serious and must be managed under the FSO.

Permanent conventional buildings for communal or official use on Gypsy and Traveller sites give rise to different fire safety issues from those described below. Advice on managing the risks involved is available in the Welsh Government’s guide on how to comply with fire safety law in small businesses.

The FSO does not contain detailed standards or requirements for all premises. Rather, it requires action to identify, assess and mitigate the risks of fire that are present, and which will vary from one site to the next. It is therefore vital that all those involved are aware of those risks, and understand what is needed to prevent them from materialising.

Most of the duties in the FSO lie with the “responsible person”; the individual or corporate entity owning or controlling the site. The responsible person for a local authority-run Gypsy and Traveller site will almost invariably be the local authority itself, rather than a named individual like the site manager or any third party which happens to own the land if leased to the local authority. For the most part, the task of managing fire safety risks falls to the responsible person, and it is they who would be most likely to be the subject of enforcement action.

However, the FSO also imposes duties on others who do not own the site, but who have some control over it and over the risks of fire on it. This can include maintenance contractors, utility providers and indeed residents. Residents will not, though, generally be liable under fire safety law for anything that exists or happens within their own caravans.

The FSO requires all responsible persons to conduct (or arrange for someone else to conduct) a comprehensive assessment of the risks of fire on the premises. This is fundamental to good fire safety management, as it both identifies the particular risks on each site and recommends how to mitigate them. Not having an assessment at all, or having an assessment which is not “suitable and sufficient”, is a serious criminal offence if it creates a threat to life, which it very often will.

A fire risk assessment must also be kept up to date. The FSO does not set out rigid deadlines for this, but good practice would be to review the assessment at least every year, and to conduct a new assessment if there is reason to believe that the old one has become obsolete.

It would also be appropriate to conduct a new assessment as soon as possible after:

• significant changes have been made to the size or layout of the site
• new communal facilities or amenity blocks have been added, and/or existing ones have been removed or renovated
• occupancy levels on the site have changed significantly, and especially if they have increased
• there has been an uncontrolled fire on the site, other than one which affected only a single caravan

By law, the fire risk assessment must always be “suitable and sufficient”. To achieve that standard for a Gypsy and Traveller site or any other premises where many people live and sleep requires specialist expertise. The Welsh Government strongly recommends that local authorities commission fire risk assessments from individuals or companies that are demonstrably competent to undertake such work. The Fire Sector Federation (a trade association for fire safety professionals) publishes al guide to choosing a competent fire risk assessor.

The local authority should arrange for the assessor to have full and unrestricted access to the site and to any buildings on it (but not to individual families’ caravans). The assessor is also likely to need to see site plans, maintenance records and other relevant documentation.

As well as arranging for a fire risk assessment, the responsible person must also take all reasonable precautions to keep the site and those living there safe from fire. The fire risk assessment will suggest many such measures, to address the risks that it identifies. However, the duty to take precautions is a continuing one, and is not limited to matters contained in the assessment.

The responsible person must also appoint someone to assist with identifying and implementing fire precautions, commonly referred to as a “competent person”. This person must have sufficient experience and expertise to do so, they are commonly health and safety specialists, for instance (whether or not they have further specific training in fire safety). The competent person is normally an employee of the responsible person, but may be a contractor if there is no suitable employee. We expect that most local authorities will have in-house expertise to undertake this role as regards Gypsy and Traveller sites they own, as well as the rest of their estate.

The fire precautions that are appropriate will always depend on the specific conditions of each site and the risks that exist there; it is not possible to produce a comprehensive list of precautions that must be taken in all circumstances. However, it may assist responsible persons to consider the following broad fire safety objectives and the types of risks and measures that often relate to each of them.

The most fundamental objective is that the risk of fire breaking out on the site should be as low as possible. This risk can never be zero in any occupied premises, as many everyday human activities create at least some risk of fire. However, it can and should be reduced to a level where an uncontrolled fire is a very unlikely event.

In scientific terms, fire occurs when an ignition source (like an existing flame, a spark or a hot object or gas) is applied to a combustible fuel in the presence of sufficient oxygen. The normal atmosphere contains ample oxygen to sustain a fire, so fire prevention essentially means ensuring that ignition sources and combustible fuels either do not exist or cannot come into contact with one another.

As with all dwellings, the risk of fire breaking out within a caravan is relatively high. Caravans may well contain both ignition sources (in the form of cookers, heaters and other appliances) and combustible fuel in the form of furniture and other personal possessions.

The Fire Safety Order does not apply to private dwellings of any kind, so residents are not liable for anything that happens (or is contained) in their caravans. But the potential for fire to spread from one caravan to another, or to a communal area, may be nonetheless be high and cannot be overlooked. Accordingly, residents should be encouraged to access advice on how to keep their caravans safe from fire. 

Bottles of propane or butane gas are commonly used on Gypsy and Traveller sites and clearly present a high risk of fire if not handled properly. Accordingly, gas bottles and associated fittings should:

• comply with relevant British Standards and other regulatory requirements
• be installed and used correctly, in line with the manufacturer’s instructions
• never be stored under a caravan, whether in use or not, and whether full or empty
• only be changed outside, not within a caravan or other enclosed space
• be stored out of direct sunlight where possible, and well away from any possible ignition source (this includes spent bottles)

Gas bottles present a very serious explosion hazard to firefighters and others if a fire breaks out. The Fire and Rescue Service will need to know details of the location and number of bottles on the site if it is called out to an actual fire. Site owners should therefore keep records of this, and provide them to the Service on request.

All this applies to all gas bottles on the site, whether they are supplied by the site owner or by residents; and residents should be encouraged to comply accordingly.

Other ways to reduce the risk of fire breaking out might include the following:

• Preventing accumulations of combustible waste. Rubbish should be stored in bins either outside each caravan, or in communal bin stores, before being collected by the local authority. Bins should be kept well away from caravans, vehicles, buildings or vegetation. Any bin stores should be constructed of brick or other non-combustible materials.
• Controlling vegetation. All vegetation will burn, and dry or dead vegetation is particularly combustible. Any grassed areas on the site should be kept under control so they do not become overgrown. Grazing by horses or other livestock may be sufficient to keep grass relatively short; if it is not, the area should be mowed. Bushes and hedges should be trimmed so that they do not impinge on the space around and between each pitch; and where pitches are located close to trees, low overhanging branches should be removed. Fire spreads vertically much more quickly than it spreads horizontally, so a fire in a caravan can rapidly engulf vegetation above it and then spread further.
• A common cause of outdoor fires is malicious ignition by arsonists. This risk can be mitigated by reducing or eliminating accumulations of combustible fuel as above, but it may also be necessary to deter or prevent unauthorised access to the site, for example by gates or CCTV cameras. In particularly high-risk cases, for example where there are actual instances or threats of arson, the police should be informed.
• Bonfires and the like may be an important part of Gypsy and Traveller culture for many, and it is neither necessary nor appropriate to prohibit them altogether. But, such fires should take place well away from caravans, vehicles, buildings or vegetation, and should be fully extinguished with water or sand when no longer needed. They should not be allowed to burn out unsupervised. Residents should also be discouraged from lighting bonfires in high winds; and if a bonfire spreads out of control then the Fire and Rescue Service should be called immediately.
• Electrical and gas appliances in shared amenity blocks and communal areas should be kept in good working order, and replaced (or repaired by a qualified contractor) if faulty. All gas appliances should be inspected and serviced annually by a qualified contractor; and the electrical supply should not be overloaded by plugging more than one appliance into a single socket. While amenity blocks which are exclusively used by one family fall outside the scope of the Fire Safety Order, the Welsh Government strongly recommends similar precautions in them too.

As noted above, it will never be possible to eliminate the risk of fire breaking out altogether. The next objective is therefore that if fire does break out, those not in the immediate vicinity should be protected from it. A fire which does not spread can easily be contained and extinguished by the Fire and Rescue Service without posing a significant threat to life or to other property.

In a conventional building, fire protection is a complex business relying on the structure of the building being able to contain a fire in the space where it originated, and involving measures such as fire suppression and smoke control systems. Staffed buildings will also usually be evacuated if a fire breaks out in them.

In mostly open-air premises like a Gypsy and Traveller site, fire protection is rather more straightforward. If, as recommended in the site design guidance, pitches are kept at least 6 metres apart, the risk of fire spreading from one caravan to another should be low. However, that depends also on eliminating accumulations of combustible fuel like rubbish or vegetation in the space between pitches, as above.

Provided that these measures are adopted and sustained, if a fire breaks out in one caravan it should not normally be necessary for residents of other caravans to evacuate. Where the risk of an uncontained outdoor fire is high, measures will be needed to raise the alarm across the site and to require all residents to leave their caravans and assemble in a safe area on or adjacent to the site. As fires on open-air sites cannot be reliably detected by fixed smoke detectors or similar devices, such measures would generally have to entail manual “call points” which residents or others can use to raise the alarm. Where such systems are installed, residents should be informed of the location of call points, and how and when to use them.

People in the immediate vicinity of a fire clearly need to leave, especially if the fire is indoors. Anyone who is in danger from fire must be able to escape to a place of safety quickly and easily. Again, this is generally rather more straightforward on a Gypsy and Traveller site than in a conventional building. Most caravans are easy to escape from, being relatively small and on a single level, although people with mobility or sensory impairments may benefit from adaptive measures within their caravans.

While not a matter covered by the FSO, residents should be encouraged to fit smoke or heat alarms in their caravans (the latter are suitable for kitchens or other areas where a smoke alarm would be prone to spurious activation by cooking fumes, steam or dust). All residents should be encouraged to leave their caravans immediately if the alarm sounds (or if there is any other evidence of fire), to proceed to a safe space such as a neighbour’s caravan or open area, and to dial 999 to call the Fire and Rescue Service if possible. They should not remain in (or re-enter) the caravan to retrieve personal possessions or attempt to tackle the fire.

Conventional structures like amenity blocks and communal facilities should, as a minimum, be fitted with smoke or heat alarms, with notices directing people to leave if an alarm sounds. Any larger and more complex buildings may require more sophisticated alarm systems, and site owners should consult the general guidance for fire safety in non-domestic premises.

Finally, if a fire breaks out on the site it should be possible to contain and extinguish it quickly and safely. This is a task for professional firefighters, not residents or site managers, and it is not necessary to make any provision for on-site firefighting other than by the Fire and Rescue Service. Indeed, encouraging or equipping untrained individuals to fight even small uncontrolled fires can be positively dangerous. Therefore, there is no need to provide (or expect residents to have) fire extinguishers, fire blankets or anything else within caravans or amenity blocks.

Instead, measures that might be taken to facilitate firefighting include:

• Ensuring that residents and others know the importance of contacting the Fire and Rescue Service in the case of any uncontrolled fire by calling 999 and asking for “fire”. If mobile reception on the site is poor, it may be prudent to provide a landline phone for these purposes, with the address and/or location of the site (eg using What3words) prominently displayed next to it.
• Allowing easy access to the site for fire appliances. As a rule of thumb, if a large non-articulated truck could access the site, so could a fire appliance. At least two appliances would normally be dispatched to a report of a fire at a Gypsy and Traveller site, so space to allow them to park should ideally be provided. If this is not possible, appliances would have to deploy to the nearest public road, which would delay the firefighting response.
• Where a site extends for a significant distance away from the nearest public road, it may be necessary to provide fire hydrants on the site. These are for use by firefighters only, and there is no need to make residents aware of their location or how to use them. Nor is there any need to provide hoses or other firefighting equipment. If hydrants are provided, though, the Fire and Rescue Service should be informed of their exact location and specifications.

If in doubt about firefighting requirements, site owners should contact the local Fire and Rescue Service for advice (see below for contact details).

Having decided on and implemented fire safety measures, the responsible person should monitor them to ensure they remain valid and effective. This should form part of the normal management and maintenance of the site, and if residents raise concerns or complaints, they should be investigated and acted upon. If there is evidence that measures have become ineffective, then site managers should restore them or identify and implement equivalent measures. In some circumstances (see above), it may be appropriate to conduct a full new fire risk assessment too.

The FSO gives the Fire and Rescue Service powers to inspect premises and to enforce compliance (principally, compliance with the requirements to have a fire risk assessment and to take all appropriate fire safety measures). These include powers to enter the site and to require disclosure of documents and records; it would not normally be necessary to enter individual caravans.

Normally, the Fire and Rescue Service will seek to work with site owners to achieve compliance voluntarily. Where that proves impossible, though, or where the risk to life is especially high, the Service may decide to take formal action. That could include an enforcement notice (which requires specified improvements to be made) or a prohibition notice (which prevents use of some or all of the site altogether). Such notices are legally binding.

Ultimately, if the responsible person or anyone else is not complying with their duties under the FSO, or with an enforcement or prohibition notice, they can be prosecuted. The maximum sentence for an offence under the FSO is an unlimited fine and/or 2 years’ imprisonment.

The Fire and Rescue Service cannot conduct a fire risk assessment, as that would conflict with their enforcement powers. But they can and do provide free advice about fire safety to responsible persons.   

Contact:

• North Wales Fire and Rescue Service (covering Anglesey, Gwynedd, Conwy, Denbighshire, Flintshire and Wrexham).
• Mid and West Wales Fire and Rescue Service (covering Ceredigion, Powys, Pembrokeshire, Carmarthenshire, Swansea and Neath Port Talbot).
• South Wales Fire and Rescue Service (covering Bridgend, Rhondda Cynon Taf, Merthyr Tydfil, Caerphilly, Blaenau Gwent, Torfaen, Vale of Glamorgan, Cardiff, Newport and Monmouthshire).

To achieve community cohesion both on the site and between the site and the settled community, it is essential that a good relationship is developed between the site manager and site residents. This relationship should be built on mutual trust and respect. Roles and responsibilities should be clearly defined with both parties understanding what they can expect from the other.

There should be an overall vision for the site. For example:

“ Our aim is a clean, well-managed, well-serviced site where residents feel safe and can live peacefully. ”

The vision should be supported by specific objectives that can be pursued to achieve the desired outcome. This should be supported by bespoke objectives which should be agreed on a site-by-site basis, to meet the particular needs of residents and thecsite owner. For example:

“ Over the next 2 years, the local authority will provide a children’s play area. ”

Article 31 of the United Nations Convention on the Rights of the Child (UNCRC) gives all children the right to rest, leisure and play. It is very important that local authorities reflect this right in the design, management and maintenance of sites, ensuring play areas and equipment remain safe, accessible and appropriate. Children and young people living on sites should be involved in shaping these spaces, so improvements reflect their needs and preferences.

Service standards should also be set out, ideally mirroring local authority policy for social lettings in the area. For example:

• Urgent repairs to water supplies or sewerage should be completed with 24 hours.
• Communal areas will be cleaned by the site manager twice weekly.
• Site managers will consult with residents on an annual basis to understand the services required and will pursue opportunities for these to be provided.

Discussions in relation to site aims and objectives should be open to all residents and be sympathetic to any potential literacy barriers.

Careful consideration should be given to site objectives. They should be meaningful, firm commitments and should not be unrealistic. Final aims and objectives should be agreed in conjunction with residents where possible. The local authority may wish to provide that the site manager’s performance is appraised against these objectives.

Effective site management is key to a successful Gypsy and Traveller site and efficient maintenance forms a key part of this. Without this, the long-term viability of the site may be at risk causing residents to leave the site, potentially resulting in more unauthorised encampments.

A well-managed and well-maintained site may also help to foster good relationships with the settled community and help the surrounding community overcome common misconceptions about Gypsy and Traveller sites.

A site management and maintenance plan should be drawn up following consultation between residents, the site manager and the local authority, and be accessible to all residents and stakeholders. The plan should include planned maintenance and consider risk management in terms of responsive maintenance.

The maintenance plan should include the proposed schedule of ongoing work to ensure that the site continues to be sustainable in the long term. The maintenance plan may need to be submitted to the Welsh Government if the local authority is applying for Sites Capital Grant funding for refurbishment. This is to satisfy the Welsh Government that this funding is not being used to support unsustainable sites or pay for routine maintenance that should form part of the mobile home agreement.

The maintenance plan should be flexible in terms of the changing needs of existing residents and the arrival of new ones. Where a site manager cannot (or is not expected to) take on the practical role of maintenance tasks, for example, litter picking or mowing grass, these should be referred to other departments within the local authority, i.e. Estates or Environmental Health, or arrangements made through procurement of these services. Where these tasks are referred to other departments or providers, it will remain the responsibility of the site manager to ensure these are completed and these should be included in the maintenance plan. Where a contracted manager is employed by a third-party management organisation, some of the responsibility for arranging these services may fall to the local authority operational manager.

Download example of a maintenance plan checklist.

Whether the site management is being done in house or contracted out, residents should always have a main point of contact. There should be a named individual (e.g. the site manager) who is available during regular office hours and who will act as the initial point of contact to the local authority.

Residents should also be provided with out of hours emergency contact numbers, whether that be for the site manager or another housing official within the local authority. Whatever the arrangement, the contact details and numbers should be provided to residents in a clear and accessible manner.

Residents should expect the pre-determined office hours to be adhered to by the site manager (or an appointed substitute) except in cases of emergency.

In cases of holidays or extended leave, the local authority should arrange for site management cover and residents should be informed of these arrangements.

This is especially important where residents rely on the site manager for day-to- day services such as the provision of electricity meter tokens or reporting faults. In circumstances where a third-party management organisation is appointed, they will be expected to arrange suitable cover and provide the relevant details to residents.

The mobile home agreement, as required under the 2013 Act, must also outline the obligations of the local authority as site owner. The local authority must comply with each of the following requirements:

• not doing anything or allowing anything to be done which would prevent the resident from being able to keep their mobile home in a sound state of repair, or from maintaining the outside of the mobile home, the pitch and the mobile home itself, in a clean and tidy condition
• provide on request, (and subject to the resident paying a maximum charge of £30 if required by the local authority), accurate written details of the size and location of the pitch and the base on which the mobile home is stationed
• provide on request by the resident, free of charge, documentary evidence in support and an explanation of:
  • any new pitch fee
  • any charges for gas, electricity, water, sewerage or other services which the resident must pay to the local authority under the agreement
  • any other charges, costs or expenses which must be paid by the resident under the agreement
• be responsible for repairing the base on which the mobile home is stationed and for maintaining any gas, electricity, water, sewerage or other services supplied by the local authority to the pitch or to the mobile home
  • be responsible for repairing other amenities provided by the local authority on the pitch including any outhouses and facilities provided
  • maintain in a clean and tidy condition those parts of the site, including access ways, site boundary fences and trees, which are not the responsibility of any resident of a mobile home stationed on the site

Local authorities should decide which of these duties are to be the responsibility of the operational manager and which of the site manager. See Chapter 7: pitch agreement for more information.

Site managers may also be required to carry out additional duties, including (but not limited to):

• ensuring the safety of site residents through compliance with relevant legislation and guidance
• ensuring that all mobile home agreements, waiting lists and allocation policies are up-to-date and implemented in line with Welsh Government and local authority guidance
• liaise with organisations and agencies who deliver services on site to ensure lessons are being learned and best practice is being implemented
• facilitate necessary assessments and on-site meetings, where necessary
• manage the site budget, including ensuring that pitch fees and other fees are collected and processed as required

The mobile home agreement must be fully explained to residents in a clear and accessible way. Agreements should not just be presented as a written document without being accompanied by a verbal explanation. Residents should be made aware that a serious breach of the agreement may lead to legal action being taken against them, which may include eviction proceedings.

Residents may decide to form a residents’ association to ensure that they are consulted on matters relating to the management and is one which of the site. Under section 61 of the 2013 Act, a qualifying residents’ association is one which:

• represents the residents of at least 50% of the mobile homes on a site
• is independent of the site owner or manager
• has membership open to all residents (except live in managers)
• has rules and constitution open to public inspection and maintain a list of members
• has an elected chairperson, secretary and treasurer
• has decisions made through democratic voting, where each pitch has one vote

Where a qualifying residents’ association exists, it is mandatory for the local authority to consult the association about all matters which relate to the operation and management of, or improvements to, the site which may affect the residents either directly or indirectly.

Local authorities must also consult residents about making any improvements to the site in general, and particularly where the pitch fee is likely to be affected as a result of the proposed improvements being made.

However, it is always good practice for local authorities to take steps to obtain the views of residents on any matters about the operation and management of their site which are likely to affect them, even if there is no qualifying residents’ association.

The requirement to consult residents means giving them at least 28 clear days’ notice in writing of the proposed improvements. The consultation notice must describe in a clear and accessible way the proposed improvements and explain how they will benefit the resident in the long and short term. The notice must also explain how the improvements being proposed may affect the pitch fee when it is next reviewed and state when and where residents can make representations about the proposals. The local authority must take any representations made by residents about the proposed improvements into account before putting the improvements in place.

The requirement to consult a qualifying residents’ association means giving the association at least 28 clear days’ notice in writing of all matters which relate to the operation and management of, or improvements to, the site which may affect residents either directly or indirectly. The notice must describe the matters under consideration and how they may affect residents either directly or indirectly in the long and short term and explain when and where the association can make representations about these matters. Again, it is a requirement that the local authority take into account any representations made by the association before deciding whether or how to proceed.

Effective consultation will help to develop a sense of ownership for residents as well as fostering good relationships between residents, managers and local authorities. It will help to build trust between the parties and reduce the possibility of conflict. To build and maintain trust, local authorities should consider offering opportunities for ‘anonymous consultations’, ensuring everyone’s voice can be heard.

Consultation discussions could be in the form of local forums or working groups. Discussions can be twofold; meetings may take place on site amongst residents and/or more formal official groups may take place. Resident representatives can be invited to join discussions with providers, such as the local authority, the police and Traveller Education Services, depending on what the proposal is. It can be beneficial to hold both so that the representatives can take forward the ideas and/or concerns/issues of the site. The site manager may be required to facilitate any forums on site, but it should be expected that these discussions may sometimes exclude the manager in order to encourage full and frank discussions amongst residents.

These discussion groups should allow an open and honest forum for residents to express concerns over, or support for, proposed plans and agree ways to move forward. The site manager should ensure resident representatives are aware of times and dates as well as the venue for the meetings and the proposed agenda. Care should be taken to ensure that the genuine views of residents are sought and considered properly.

Any consultation documents must be accessible and appropriate for a wide audience and should be available in other formats in addition to the written word. Where requested by residents, comments, discussion or consultation feedback should be anonymous.

Local authorities should consider whether to use digital tools as an inclusive engagement mechanism to help ensure residents have the access to alternative options to participate in consultations or to raise concerns, in line with the Digital Strategy for Wales’ guidance on how to make a service inclusive. To be effective, digital engagement should also include clear dispute resolution processes, staff guidance on conflict resolution, and accountability measures to ensure feedback leads to meaningful improvements.

Implementing regular, needs assessments and resident surveys for each Gypsy and Traveller site is essential. These assessments should evaluate living conditions, support needs, resident satisfaction and areas for improvement. When embedded into service design, they can help identify issues early, track progress over time and ensure services remain responsive to the evolving priorities of residents, promoting dignity, inclusion, and wellbeing.

In addition, site managers should always ensure that children and young people are given equal opportunity to use their right to be heard. This right is enshrined in the United Nations Convention on the Rights of the Child. Children and young people will often have a different view from their parents but may be as significantly affected by changes. Most proposals under consultation will affect children and young people living on site in some way and their views should be sought where this is the case. When consulting with young people it is recommended that site managers utilise the National Standards for Children and Young People’s Participation.

The local authority must issue residents with privacy notices setting out when and why their information will be collected by the local authority and whether the information will be shared with anyone else. Residents’ information must be used only for the purposes set out in the Privacy Notice. 

The site manager should also advise residents of their right to submit a Subject Access Request to obtain a copy of the information which the local authority holds about them. As the data controller, the obligation for compliance with data protection legislation when processing residents’ data will ultimately rest with the local authority.

It is important that it is made clear to residents which roles and responsibilities will be the responsibility of the site manager and which will be delivered directly by the local authority.

Just as residents should have an emergency point of contact, so should the manager; the manager should also have a named contact within the local authority for whenever they need to seek authorisation or advice necessary to fulfil their duties.

The site manager should ensure that the operational manager is kept well informed about the management and operation of the site, including finances, pitch vacancies and maintenance.

The site manager and the local authority should ensure they develop and maintain a strong working relationship to ensure the site is kept safe and to safeguard the wellbeing and cultural needs of the residents.

Application forms for local authority pitches should be available from the local authority housing office as well as from the manager of any local authority site. Forms should be clear and easy to understand and complete.

Applicant meetings with the site manager should be the initial point of contact. Application forms should be completed by the applicant where practicable, but where literacy barriers exist, the site manager should explain the details of the form and the terms of a mobile home agreement on site verbally. The site manage must ensure that an applicant fully understands and agrees with the terms of a mobile home agreement before it is entered into by them.

Applicants should be assured that all information submitted on an application form will be treated in confidence and in compliance with data protection legislation.

Applicants should be made aware that pitch allocations are dependent on several factors which may include:

Capacity

• Pitch turnover and vacancies on local authority sites are typically low. As a result, most sites are at full capacity, which may mean that applicants will need to spend some time on a waiting list.

Fees

• Local authorities will need to be satisfied that applicants are in a position to pay their pitch fee and other fees that are due.

Proof of Identity

• All attempts should be made to secure some form of proof of identity from an applicant who wishes to enter into a mobile home agreement on a local authority site.
• This can be in the form of a passport, driving licence, birth certificate, utility bill or receipts from the previous site occupied by them. Where ‘photo id’ is not available, a letter and a photograph signed by a professional associate (for example, a teacher or GP) may be accepted to verify the identity of the individual. Where an applicant is unable to provide these, the site manager may seek some form of identity verification from other family members who may be residing on the site.
• Where an existing member of a local authority site wishes to assign their pitch to a family member, proof of family connections will be required.

Applications for a local authority pitch should be sent to the local authority housing office. Office hours should be made known to residents by the site manager and will often be available on the local authority website.

Application forms will be considered in accordance with the local authorities’ pitch allocation policy. This will include consideration of the needs of the applicant and their families, which should have already been identified in the local authority’s Gypsy Traveller Accommodation Assessment (GTAA). The local authority should not make a final decision on any application until they have consulted with the site manager.

Applications for a local authority residential pitch should not require the applicant to indicate an estimated length of stay and all successful applicants should be considered as having security of tenure for as long as the site has planning permission. Where an application is made for a transit pitch, the local authority may ask the applicant for an estimated length of stay as occupiers are permitted to stay on transit pitches for a maximum period of 3 months.

The local authority should consider applications for a pitch at a local authority residential site within a reasonable timescale, and within 28 days of receipt of the application wherever possible. Undue delays could place applicants at risk of homelessness or forced to occupy an unauthorised encampment due to the lack of a legal alternative. Applicants should be informed of the expected timescale for their application to be decided.

If an application is unsuccessful, the reasons for this should be clearly explained to the applicant as soon as is practicable. The applicant should be made aware of the right to ask for a review of the decision and the appeals process, both as part of the written decision and verbally.

Applicants should also be advised that an initial refusal will not prevent them from applying again in the future. All unsuccessful applicants should be referred back to the local authority’s housing department who must help them to secure alternative accommodation if they are homeless or at risk of homelessness.

Where possible, vacant transit pitches should be temporarily allocated to applicants whilst they are waiting a decision on their application for a permanent residential pitch. However, any applicants who may be allocated a transit pitch under these arrangements must not be permitted to stay on the pitch for more than three months.

Where an applicant has family links with existing members of a local authority site, the local authority may consider allowing the applicant to temporarily occupy the site where there is sufficient capacity to safely accommodate them. Before making a decision to allow this, the local authority must first obtain the views of the existing residents. The cohesion and harmony of the site as a whole and the wellbeing of existing residents must be taken into account before a final decision is made.

Local authorities may decide that applicants do not need to complete a full application process for a pitch on a transit site. Instead, they may ask for only satisfactory references and the first week of fees before allowing an applicant to occupy a vacant transit pitch.

Managers of transit sites should build relationships with managers of other transit and local authority sites to ensure vacant pitches are well publicised to those who may need to occupy them.

It is strongly recommended that local authorities publish their allocation policies and procedures for allocating local authority pitches, including how to apply, how applications will be assessed, details of how priority need is considered and expected timescales for a decision to be made.

Local authorities are expected to have a clear and accessible waiting list policy for those who want a pitch within their area. Maintaining a centralised, auditable waiting list with clear records and regular updates, paired with transparent communication, ensures fairness and consistency in pitch allocation.

Where a waiting list is in operation, the local authority should clearly explain how the list operates and inform applicants of their general position on the list when requested. Inevitably, where applicants’ circumstances change or new applicants move into the area with priority need where a mobile home pitch is considered to be suitable accommodation (as set out below), the specific order of the waiting list is likely to change. However, local authorities should be able to provide broad feedback to applicants about the expected waiting time.

The waiting list policy should include details of eligibility for a local authority pitch. Waiting lists which allow for the specific recording of the need for an authorised pitch are recommended under the Gypsy and Traveller accommodation assessments guidance. As with other forms of social housing, priority for a local authority pitch should be given to those in greatest need and with no alternative pitch accommodation. The criteria for assessing the needs of applicants and the procedure for allocation should be clearly explained and transparent to prevent concerns about misallocation.

Local authorities have specific duties to help applicants who are homeless or at risk of homelessness under the Housing (Wales) Act 2014. A person is homeless under that Act if they have accommodation, but it consists of a moveable structure or vehicle designed or adapted for human habitation and there is no place where the person is entitled or permitted both to place it and to reside in it. A person is threatened with homelessness if it is likely that the person will become homeless within 56 days.

Local authorities must:

• help to prevent applicants who are threatened with homelessness from becoming homeless
• secure interim accommodation for eligible applicants in priority need
• help secure suitable accommodation for occupation by homeless applicants who are eligible for help
• secure accommodation for applicants in priority need when the duty to secure interim accommodation comes to an end Section 70 of The Housing Wales Act (2014) describes the following as persons who have a priority need (together with anyone they might reasonably be expected to reside with):
• pregnant women
• those with dependent children living with them
• vulnerable people for some special reason (for example, elderly or disabled people or those with physical or mental illness)
• those who have been made homeless or threatened with homelessness as a result of an emergency
• those who have been made homeless as a result of domestic abuse
• those who are 16 or 17
• those that have reached 18 (but under 21) years of age and need help obtaining accommodation after exiting social care
• those who have reached 18 (but under 21) years of age who are at particular risk of sexual or financial exploitation
• those who have been homeless since leaving the regular armed forces of the Crown
• a person who has a local connection to the area of the local housing authority and who is vulnerable as a result of incarceration

Local authorities may also wish to consider additional assessment criteria for local authority pitches. For example, consideration may additionally be given to:

• those currently occupying overcrowded or unsanitary conditions on existing local authority sites
• those currently occupying an unauthorised encampment who wish to move onto a local authority site.
• those with a recognised cultural aversion to conventional housing
• those seeking to move to support elderly and disabled relatives living on a local authority site

Due consideration may also be given to family groups and the wider implications of an application on their family life.

It is good practice for local authorities to consult on their allocation and waiting list policies to ensure that the process and procedure for determining applications, allocations and priority need is clear, transparent and fit-for-purpose.

The local authority is also recommended to review the allocation and waiting list policies from time to time to ensure they remain fit-for-purpose.

Where possible applicants should be given a pitch that best suits their requirements.

The Equality Act 2010 (‘the 2010 Act’) provides disabled people with protection from discrimination in relation to their housing and applies to the way in which a local authority treats homeless applicants and allocates their housing stock. Local authorities must make reasonable adjustments for disabled people and cannot discriminate against disabled people in the management of their housing.

The local authority must make reasonable adjustments to both pitches and amenity blocks to enable them to be suitable for a disabled applicant.

Local authorities may use the Disabled Facilities Grant to ensure that pitches and amenity blocks are made to be accessible.

Existing residents on local authority pitches may assign their pitch agreement to a member of their family or exchange their pitch with another occupant on a local authority site. Paragraphs 41 and 42 of Schedule 2 to the Mobile Homes (Wales) Act 2013 set out the circumstances when this should be permitted and the obligations of residents and site owners.

To assign a pitch, the residents must have the approval of the local authority. In the case of an exchange, the proposed new resident must already live on a local authority owned pitch in the same local authority area.

Neither the resident nor the local authority (including the site manager) is able to ask for any payment for agreeing to any assignment.

The resident who wishes to assign their agreement to another person must give the local authority a request for approval. The request must include evidence that the proposed new resident is a member of their family or, in the case of an exchange, evidence of an agreement between the two sets of residents.

The local authority must respond to the request within 28 days of receipt and must approve the request unless it is reasonable for them to refuse. The local authority must give the person who made the request a notice of their decision, and if approval is not given to assign the agreement, the notice must explain the reasons why.

When the day-to-day site management of a local authority site is contracted out to a management organisation, the responsibility for approving assignment requests remains with the local authority. If the site manager of a management organisation received an assignment request from a resident, they must pass this onto the local authority as soon as practicable.

The local authority can approve an assignment even where fees are due fromcthe outgoing resident, or a term of the agreement has been breached by them. However, the approval of the assignment can be made conditional on the outdoing resident paying all outstanding fees any resolving any breaches of their mobile home agreement (where practicable) before they leave. The local authority cannot make the approval of an assignment subject to any other conditions.

If the persons who made the assignment request does not receive a decision notice from the local authority or their request is refused, they may appeal to a Residential Property Tribunal (RPT). An application to the RPT must be made within three months of receiving the decision notice, or, where no decision notice was provided by the local authority, within three months and 29 days of the date the assignment request was made.

Where a mobile home agreement holder dies, any person living with them in the mobile home at the time is entitled to succeed them on the pitch. This includes the widow, widower, surviving partner or any member of the deceased’s family (as defined under section 55(3) of the 2013 Act).

Where the pitch agreement holder was living alone at the time of their death, the successor will be the person entitled to inherit the deceased’s estate under terms of any will or, where there is no will, under the laws of intestacy. The person who inherits the mobile home is able to sell it and pass on the full mobile home agreement to the buyer, provided the local authority agrees. The person who inherits the mobile home may also live there or give it to a member of their family, with the agreement of the local authority.

Occupiers of transit pitches do not have the right to request any assignment of their pitch and, in the event of their death whilst occupying a transit pitch, their beneficiaries do not have any succession rights.

Section 49 of the 2013 Act requires a local authority to give a written statement to a proposed resident of a permanent or transit site before they enter into a mobile home agreement with the authority. The written statement must:

• state the names and addresses of the parties
• include clear details of the land on which the proposed occupier may station their mobile home
• state the express and implied (terms to be contained in the agreement

The site manager must also issue the applicant with the mobile home agreement in accordance with the 2013 Act which must be agreed to by the applicant before any mobile homes are brought on site.

The agreement is a binding contract drawn up by the local authority that will provide clarity and security for both the applicant, the site manager and the local authority.

The agreement should be fully explained to the applicant, in particular, the roles and responsibilities of the site manager, the local authority and the applicant once they have entered into the agreement. The agreement should also state that the applicant should obtain legal advice if there is something in the agreement they do not understand.

The implied terms set out in Chapter 4 of Schedule 2 to the 2013 Act apply to all agreements for a permanent pitch on a local authority Gypsy and Traveller site.

These terms cannot be overridden by either local authorities or residents. The ‘implied’ terms for a permanent pitch deal with:

• termination of agreements
• assignments
• recovery of any overpayments
• re-siting of mobile homes
• the quiet enjoyment of the mobile home
• the site owner’s right of entry to the pitch
• setting pitch fees
• the occupier’s obligations
• the site owner’s obligations with regards to site maintenance and security

The applicant and the local authority can also agree express terms. These may include details such as the services the occupants may access on the site and a requirement for the occupant and everyone else living on the pitch to comply with the rules of the site.

The ‘express’ terms will explain local site rules and may include the consequences of:

• threatening behaviour or language to staff, other residents or contractors
• rent arrears
• inappropriate use of the site including criminal activity
• damage to pitches or amenities blocks (own or other)
• anti-social behaviour including noise disruption
• refusing access to manager, local authority or contractors to undertake duties when prior warning (if needed) has been given
• failure to keep domestic pets under proper control and cleaning up after them
• keeping animals in excess of agreed numbers

Any rules relating to the keeping of animals or undertaking economic activities on site should be included under the ‘express’ terms.

Residents on a permanent site have a responsibility under their mobile home agreement to:

• comply with the terms contained within the agreement, which may include specific site rules (‘express terms’)
• pay the pitch fee to the site owner/manager
• pay the site owner/manager all sums due in respect of gas, electricity, water, sewerage or other services supplied by the local authority
• keep their mobile home(s) in a sound state of repair
• keep the outside of their mobile home(s) and the pitch, including fences and utility blocks supplied with the pitch, in a clean and tidy condition
• if seeking reimbursement for emergency costs or expenses, provide the site owner / manager with documentary evidence
• provide at least 4 weeks written notice if they want to terminate their agreement
• provide the site owner/manager with entry to the pitch under the conditions set out in the 2013 Act

If applicants do not agree and express terms proposed, they should discuss their concerns with the local authority. If the local authority will not agree to change the terms, the resident may make an application to the RPT for the term to be varied or deleted. Such an application must be made within 6 months of the term being made.

In addition, if the applicant believes that an express term is unfair, they could complain to the Office of Fair Trading, or any qualifying body, in accordance with the provisions of the Unfair Terms in Consumer Contracts Regulations 1999.

The resident should be given a reasonable amount of time to ask any questions relating to the agreement and query any of the information provided. before the agreement needs to be signed.

The applicant must sign the agreement (or make their mark) to confirm they have understood the rules (whether they were explained to them verbally or having read the written text of the agreement itself). Applicants should be given the opportunity to invite a third party to assist with reading and/or explanations if so required. Once the agreement has been signed and fully understood and the manager and applicant are content, the caravan can then be secured on the specified pitch.

Local authorities and residents of permanent pitches can request that new agreements are adopted if the existing arrangements are problematic. Both parties must agree to any varying or deletion of terms. If this is not possible, one or other party can apply to the RPT for an independent decision about whether the terms should be changed. Local authorities cannot amend the terms without agreement from residents or the RPT.

The written pitch agreement should include details of the pitch fee and other costs and the day on which they will be due. This should include which services and utilities are included in the pitch fee.

The agreement must also include the annual date upon which the pitch fee will be reviewed. This is explained in more detail in Chapter 8.

The pitch agreement must make it clear to the residents what the pitch fee will cost and separately define any other applicable service charges. For example, the pitch agreement may include information regarding the costs of water and sewerage charges for that year.

The services (e.g. refuse collection, postal services) provided on site should be the same as for social housing, where possible. Services provided should be uniform across pitches.

The implied terms for a local authority transit pitches are set out in Chapter 3 of Schedule 2 to the 2013 Act.

Given the temporary nature of transit accommodation, occupiers of transit pitches do not have the same right to challenge the terms of those mobile home agreements in the same way as residents on a permanent site.

However, an agreement for residents from transit sites can expect all facilities kept in good working order and safety protocols are followed to ensure a safe living environment.

Local authorities should not ask for any deposit to secure a residential pitch. The occupant will be required to pay the fees due for their pitch. Payment of pitch rental weekly in advance is recommended, in which case, it would be reasonable for the local authority to ask for 1 week’s payment (or a proportion of that sum) on arrival at the site. The site manager should discuss payment options with the applicant. This may include issues around direct debits, standing orders or Universal Credit.

The pitch agreement should make it clear when the pitch fee is due, the pitch fee amount and each of the services that are included in the total.

All new residents should be provided with a map of the site highlighting key areas such as site office, recycling facilities, communal bins/skips, gas storage facilities and any communal facilities. The map should also indicate where their pitch lies in the context of the rest of the site and clearly show pitch boundaries. This information should be simple and clear in order to overcome any literacy barriers and where possible use symbols to demarcate pitches, hook up points, fire points etc.

New residents should also be shown their pitch and utilities, including water and electricity hook up points, in person as soon as possible after their arrival.

All utilities should be accessible from the day the applicant moves onto the pitch. For example, it is not acceptable for the water supply to the pitch to be turned off after the resident has taken up occupancy. In addition, any special arrangements or adaptations which have been agreed between the local authority and the occupant should be in place ready for when they take up residence on the pitch.

The site manager is responsible for showing the residents the pitch along with the hook up points, drainage and the amenity block and, for example how to use the shower or heating and (in the case of residential sites) how to plumb in the washing machine. This should be done on arrival at the pitch.

The site manager should also explain the arrangements for the utilities, in particular payment arrangements. Residents should be made aware of places that payment cards (if used) can be bought.

Residents should be informed of the need to maintain the fire breaks between the pitches. Specific information on fire breaks can be found in the Designing Gypsy and Traveller sites guidance. Residents should be notified that under no circumstances may the fire break be breached.

Failure to abide with this requirement, may result in the local authority making a court application to terminate the pitch agreement and take possession of the pitch in the case of a residential site.

In the case of a transit site, the local authority may serve immediate notice requiring the occupant to leave.

Residents should be made aware of services on site, for example refuse collection and postal arrangements, and of cleaning and maintenance arrangements. They should understand what they are responsible for cleaning and maintaining and what the site managers will clean maintain.

Emergency procedures should be fully explained to the residents. This should include emergency contact details and the location of the emergency telephone.

Residents should also be provided with contact details for out of hours services which relate to an emergency issue.

This means that new residents will be given a great deal of information. This information should all be presented in a clear and jargon free booklet for the residents to refer to at a later time. Information should also be provided in different formats to ensure accessibility.

Site managers should have an induction plan in place to ensure that all aspects are covered. A checklist can be useful to ensure nothing is missed. A clear induction plan will also ensure that in the case of the site manager being unavailable (due to sickness etc.) new arrivals can still be welcomed on site and informed appropriately. See an example induction checklist:

• Map of site and key facilities pitch agreement:
  • Explained signed
  • Queries discussed
• Payment in advance details
• Future payments explained (rent payments dates provided) pitch allocated
• Confirm family numbers (in case of fire etc)
• Caravan secured
• Utilities explained
• Utilities available issues to follow up
• Welfare arrangements discussed
• Disability/adaptations education
• Health
• Utilities: payment arrangements
• Other services on site (post, refuse, recycling)
• Cleaning and maintenance: roles and responsibilities
• Explained fire regulations
• Fire/emergency equipment
• Emergency contact details/non emergency details
• Additional contact details provided:
  • GP
  • Midwifery and health visiting/flying start services
  • NHS Direct A and E
  • Dentist
• Resident induction pack issued
• Rent book provided

Once the mobile home agreement is agreed and signed for a residential local authority pitch, it will provide indefinite security of tenure for the resident, unless the pitch itself has only finite planning permission.

Where the pitch agreement is issued for a transit pitch, the maximum length of occupation is 3 months. Different termination procedures will apply depending on whether the individual is on a residential pitch or a transit pitch.

When residential mobile home agreements are breached, the site manager should first try to resolve the problem informally, if appropriate, and ensure the residents understand there has been breach which could have consequences for their continued occupation on the site.

Examples how to resolve breaches of the agreement by occupants are detailed below. However, the level of action to be taken in any case will be based on the severity of the breach and the impact it may have had on other site residents and those living in the surrounding area:

• No further action required; the resident has resolved the issue after an informal discussion with the site manager and is no longer in breach of the agreement.
• A verbal warning may be issued for a minor breach. The verbal warning must be recorded in writing and the occupant must understand that a failure to comply may lead to further action being taken against them.
• A written warning - this may be given to the occupant where they have failed to comply with any verbal warning already issued to them or as a first step where the breach is more serious. The written warning must explain how the occupant has breached the agreement, and what they need to do, by which date, to resolve the breach. The written warning must also explain the potential consequences for the occupant if they do not resolve the breach as required, which may include legal action being taken against them.
• A final written warning may be given to the occupant if they fail to take the action required in a first written warning, whether to a reasonable standard or at all, or where they commit a very serious breach of the agreement. If following the issue of a first written warning, the outstanding breach is sufficiently serious, local authorities may decide to take immediate legal action instead of issuing a final written warning. If a final written warning is issued, it must explain how the occupant continues to breach the agreement and what they need to do, by which date, to resolve the breach. The final written warning must also explain the potential consequences for the occupant if they do not comply, which may include legal action being taken against them.
• Legal action may be required if the matter has not been resolved after a first or final written warning, or if the breach of the agreement is very serious, or the occupants commit further breaches of the agreement.
• Local authorities must consider the statutory protections and priority accommodation needs of pregnant residents and those with dependent children under section 70 of the Housing (Wales) Act 2014.
• Eviction should not occur if a resident is pregnant, wherever possible, in line with best practice and safeguarding responsibilities.
• Where a family with children under five years of age is due to be evicted or moved from a site, the relevant health visiting service must be notified promptly to ensure continuity of care and support for the child(ren).

Where residents fail to resolve anybreach of the agreement after receiving the first written warning and a site manager considers they need to take further action, they should first discuss this with the operational manager.

The legal procedures a local authority must follow before a mobile home agreement may be terminated are set out in paragraphs 38 to 40 of Schedule 2 to the 2013 Act.

Local authorities must provide evidence to satisfy a court or tribunal that it is reasonable to terminate the agreement before an occupant can be evicted from a local authority pitch.

Evictions from transit pitches do not need to be approved by a court or tribunal. Local authorities may terminate agreements for transit pitches before the expiry date for any reason, provided the occupier is provided with 4 weeks written notice. Site owners may also terminate the agreement immediately if the occupier has breached their pitch agreement and, having been served with a notice by the local authority to rectify the breach, has failed to do so in a reasonable time and the local authority considers it reasonable for the agreement to be terminated.

If an eviction is to take place, the site manager must ensure that other relevant local authority departments working with the household (for example education and health professionals) are notified.

As with evictions involving members of the settled community, the police should not be routinely called in the case of any eviction. This should only be the case where a breach of the peace is specifically anticipated in any given case.

Pitch fees must be proportionate to the size of the pitch and the services provided on site. While the local authority will set the level of pitch fee it is the responsibility of the site manager to ensure that residents receive value for money.

The pitch fee for residential sites can be changed only with the agreement of the resident or by the RPT if either the local authority or a resident has applied for a change. The pitch fee must be reviewed annually, on the same date each year (“the review date”), and details of the proposed new fee must be provided to residents 28 days before the change is due to commence.

If the resident refuses to agree to the proposed change to the pitch fee, the current fee will continue to be payable whilst the local authority applies for a decision from the RPT. If the RPT agrees with the new pitch fee proposed by the local authority, the resident must pay the new pitch fee from the review date.

However, the resident must be given 28 days after the RPT’s decision to pay the deficit before they are considered to be in arrears.

When deciding the amount of any new pitch fee, local authorities will in particular consider any costs incurred since the last pitch fee review, which were:

• for the benefit of the residents
• subject to the required consultation
• not disagreed to by the majority of residents in writing

The local authority must also have regard to any decrease in the amenity of the site and the effect of any laws which may have come into force since the last pitch fee review.

The local authority must not consider the following costs when deciding the change in the pitch fee:

• any costs incurred in connection with expanding the site, such as design or planning fees
• any costs incurred by the owner in relation to proceedings under the 2013 Act, such as costs associated with issuing written agreements, applying to the RPT or taking legal action against residents must not be included

Unless it would be unreasonable due to consideration of the above, there is a presumption the pitch fee will increase or decrease by a percentage which is no more than the change in the Consumer Prices Index (CPI) since the last pitch fee review.

Where site management is contracted to an outside organisation, the pitch fees must still be set by the local authority, who may liaise with the management organisation as they wish.

All residents should be issued with a rent book or other suitable means of recording pitch fee payments made to the local authority.

Some Gypsy and Traveller communities are known to experience high levels of poverty. If a resident has difficulty paying their pitch fees, they should be encouraged to approach the site manager or local authority staff at the earliest opportunity, who should try to help them to resolve this or direct them to organisations who may be able to provide support, including access to benefits.

The site manager must reassure the resident that their personal financial information will be kept strictly confidential. Site managers should also be sympathetic and discrete when discussing personal issues with residents.

Housing Benefit is, of course, an acceptable form of payment for pitch fees, but it is the responsibility of the residents to arrange this. However, the site manager can highlight this to residents as a potential option for them to explore.

The site manager may also assist the resident (if required) in applying for Universal Credit. However, the responsibility for the accuracy of the application must remain that of the applicant and does not pass to the site manager.

The site manager should, where practical, remind residents to inform the relevant authorities or departments in any changes of circumstances that may affect their benefits.

It is important that local authority sites are maintained to a reasonable standard to ensure the well-being of residents and site sustainability. The maintenance costs for Gypsy and Traveller sites can be higher than for other forms of housing and therefore it is very important to have a planned maintenance programme as well as a reactive maintenance plan in place.

To ensure that sites are kept to a reasonable standard the site manager and operational manager should work in conjunction to ensure that a realistic and scheduled maintenance plan is developed and employed. Maintenance plans and new works should be designed in consultation with residents.

The 2013 Act sets out the local authority’s responsibilities for repairing and maintaining:

• the base of the pitch
• any gas, electricity, water, sewerage, or other services supplied by the site owner to the pitch or mobile home
• any other amenities provided by the owner on the pitch, including any outhouses and facilities provided
• all parts of the site that are not the responsibility of individual pitch agreement holders, including boundary fences, access ways and trees

The maintenance plan should be drawn up in advance by the site manager and agreed with the local authority. The plan should clearly define the day-to-day duties that fall to the site manager and larger scale planned maintenance, along with a budget. Emergency works also need to be factored in with an estimated, ring fenced, budget.

Many sites will have a grass or landscaped area. Where these are in place they will require regular maintenance. Keeping grass at a minimal length will not only help prevent fire risks but also help foster a sense of belonging on site and help ensure positive relationships the site’s residents and the settled community.

Grassed areas can also provide important play areas for children and other people that live on the site. Functions such as cutting the grass may fall to other departments of the local authority, but the site manager should ensure that maintenance is completed regularly.

As detailed in the Designing Gypsy and Traveller Sites in Wales guidance, local authorities must undertake play sufficiency assessments as required by the Children and Families (Wales) Measure 2010.

Communal areas can be problematic unless they have a clearly defined purpose. Where landscaped areas are intended as play areas, residents should be informed of its purpose and be made aware that misuse of this area will not be accepted.

For play opportunities to meet the requirements of children, it is essential that they are consulted on what they want from play and recreational activities. The local authority should consult with children as to what play opportunities, play provision, activities and events they want in their area as part of their play sufficiency assessment duties.

Where play facilities are in place, the site manager should inspect these on a regular basis to ensure they are safe. Where repairs are required the site manager should inform the relevant local authority department. Where apparatus is considered dangerous, they should be taken out of operation. All efforts should be made to ensure that equipment is returned in reasonable condition, as soon as possible. Residents should be given an indication of how long repairs will take.

It will be the responsibility of the site manager to prevent any rubbish from accumulating on communal areas. The site manager should arrange for rubbish to be cleared as soon as possible, either personally or by the local authority.

Communal pathways and roads on site should be swept regularly. Road gutters should also be cleared on a regular basis.

Local authorities may wish to include a provision in the pitch agreement that incidents of fly-tipping will be pursued, initially with a Fixed Penalty Notice and followed by legal action where required. This is consistent with the approach taken by local authorities in response to any fly-tipping by members of the settled community. Where fly-tipping becomes a persistent problem, notices on site warning residents of the action that may be taken against them may be a useful deterrent. Fly-tipping is a criminal offence punishable by prison and or a fine up to £50,000, depending on the severity of the crime.

The site manager should seek to ensure that equipment and facilities provided on site are kept in a reasonable state for use and comply with health and safety requirements.

The site manager should conduct routine inspections of the amenity blocks, internally and externally, and report faults or repairs immediately to the local authority.

The site manager may enter a pitch without giving the occupant any prior notice between the hours of 9 am and 6 pm to deliver written communications, including post and notices, and to read any meter for gas, electricity, water, sewerage or other services supplied by the local authority. If any essential repair or emergency works are needed, the site manager may enter the pitch after giving as much notice to the occupier as is reasonably practicable in the circumstances. In all other cases, the site manager must not enter an occupant’s pitch unless they have given the occupier at least 14 clear days’ written notice of the date, time and reason for the visit. The site manager may not enter the occupant’s mobile home without the permission of the occupant or the court or tribunal.

Residents should be encouraged to report incidents of faults and items in need of repair. Where concerns arise, these should be noted and logged by the site manager and always inspected in a timely manner.

Previous experience of discussions between local authorities and residents has shown that mobile home occupiers prefer to have a direct relationship between themselves and an electricity supplier. However, such direct customer relationships are currently rare on local authority sites. It is strongly recommended that local authorities consult residents on their preferred method of electrical supply and seek to achieve this through liaison with the electricity provider.

To alleviate the potential financial and practical challenges faced by residents on local authority sites, it is recommended that local authorities ensure these sites are connected to direct mains services where practicable. This can help avoid the higher costs associated with utilities being charged at commercial rates, such as expensive gas bottles and higher costs through prepayment meters.

The Welsh Government believes that direct customer relationships are likely to be the best way to ensure that Gypsies and Travellers are able to achieve equal access to fair billing. This system would reflect the system used in the social housing market, where tenants would not normally be required to pay their bills through a local authority intermediary.

Some local authorities are being charged commercial rates for gas and electricity on sites because they are not classed a domestic premises or eligible for domestic fuel rate. Where local authorities are responsible for arranging the provision of utilities for all those on the site, they should use their best endeavours to secure competitive tariffs and consider moving across to domestic rates for their electricity usage where possible.

Where electricity suppliers consent to direct customer relationships, residents would be billed for their actual electricity usage, rather than an equal share of usage across the whole site. It may also be the case that residents are only eligible for energy saving grant schemes if they can demonstrate that their bills relate to their actual usage costs.

Where direct customer relationships are not possible, site managers should fully explain the reasons for this to residents and liaise with suppliers to help ensure that residents are receiving competitive rates.

Direct customer relationships would not be appropriate for transit sites, where occupiers are only permitted to stay for up to 3 months.

Where payment cards/tokens/keys are in use for electric supplies, these should be available from the site manager and at least one other outlet, such as a local shop. It is important that residents are not prevented from buying electricity cards/tokens due to the unavailability of site managers. Local authorities and contracted managers must not make a profit from the sale of electricity cards/ tokens to residents.

In cases where electricity cannot be billed directly to the residents it is acceptable for local authorities to collect payment along with the pitch fees. However, these costs should not form part of the pitch fee itself. If requested by the resident, the local authority must provide free of charge documentary evidence of the electrical costs.

Gas bottles/containers may be used on site. Residents should be made to understand that they are responsible for the safe storage and use of these containers and the removal of empty containers from pitches to either a collection point or storage facilities on site. 

Local authorities may make storage facilities available on site but should ensure that residents remain responsible for storage, use and removal from their individual pitches.

Direct customer relationships between site residents and water suppliers are recommended where possible to ensure that residents can achieve equal access to fair billing. To achieve this, any site water and sewerage infrastructure must meet the requirements of the relevant water company and comply with relevant legislative standards.

Where a site’s infrastructure does not comply with the water company’s required standards, local authorities should consider asking the water company to provide meters for individual pitches instead, subject to consultation with residents.

Water meters ensure actual usage can be recorded which will enable residents to take responsibility for paying for what they use. Residents without a direct customer relationship with the water provider will not be eligible for any water company social tariffs. In these circumstances, any families who may be experiencing poverty could be disadvantaged.

Communal water supplies must also be metered and the cost of this can be recouped through pitch fees, subject to agreement.

Local authorities are expected to monitor and manage the water efficiency at sites in order to ensure wastage through leakage or inefficient practices are minimised, allowing water and sewerage charges to sites to be kept to a minimum.

Where local authorities decide to collect water and sewerage costs at the same time as the pitch fee, residents should be made aware of how much of the fee is made up of these costs. If requested by the resident, the local authority must provide free of charge documentary evidence of the charges.

Where residents on sites who are experiencing high poverty levels are unable to achieve direct customer relationships, local authorities are not expected to subsidise the cost of pitch water and sewerage supplies. It is important residents take responsibility for their usage and contribute towards the costs of supply and drainage.

Direct customer relationships would not be appropriate for transit sites, where occupiers are only permitted to stay for up to three months. In those circumstances, the local authority will be the customer of the water company.

Local authorities must, in accordance with section 45 of the Environmental Protection Act 1990, provide a waste collection service. This should ideally be from individual pitches on a weekly or fortnightly basis, depending on the local authority policy on refuse collection. The site manager should work with the relevant local authority departments to ensure that waste collection and any additional containers required are supplied to the site.

Ideally, refuse collection lorries should be able to enter the site. However, the infrastructure of some existing sites may prevent this.

Where site barriers are in operation, the site manager is responsible for ensuring these are opened in time for collection services to gain access. In addition, the site manager must ensure that obstructions do not prevent access to or around the site.

Poor waste management by either the residents or the collection services can lead to serious health hazards. Residents play a vital role in maintaining a clean and safe environment by ensuring their pitches and shared areas are kept free from waste, obstructions, and hazards, and by cooperating with site managers on clearance efforts.

Recycling facilities on site should be provided. Site managers should liaise with Environmental Health to arrange for the provision of appropriate and adequate facilities for recycling. These facilities should reflect the needs of the site including normal domestic recycling in line with what is provided to other housing provision within the local authority.

Residents should also be encouraged to utilise existing facilities within the wider community, such as Civic Amenity Sites, for more bulky collections. However, where commercial activities are permitted on site and residents are likely to require many trips to the Civic Amenity Site during the week, site managers may want to consider arranging specialist provision or collection. residents may be asked to pay for this service.

It should be clear in the mobile home agreement that while the site manager is responsible for arranging routine waste collection, it is the responsibility of residents to ensure refuse is appropriately stored and available for collection.

Local authorities and residents may be able to receive advice on ways to save on energy, water and waste through Resource Efficient Wales. For advice and support with identifying ways to improve efficiency, visit Resource Efficiency Wales.

Site managers should ensure any social care providers who monitor the welfare of residents are able to access the site. Part of the role of the site manager is to ensure that site conditions do not hinder access to services and that those who need access to the site are able to do so. The site manager should also help residents to arrange appointments or visits where necessary.

Community liaison with Traveller Education Services and other appropriate agencies is fundamental to ensuring inclusion and equal opportunities for Gypsy and Traveller children. Relationships between these services and the site manager should be developed and maintained on and off site and the site manager should again ensure that the appropriate departments are informed of the arrival of children to the site and work to ensure the children on site have access to the services they require.

Community midwives and health visitors may wish to use any site office for on- site consultations and vaccinations clinics. Where on-site facilities exist, site managers may wish to notify local health boards of these to ensure that services can be delivered on site.

Other services, such as Flying Start, may wish to use communal buildings on- site to deliver services to eligible members of the community. This might include ‘Language and Play’, adult literacy, health eating, mother and baby, or other sessions. The Period Dignity Lead within the local authority may also wish to use communal buildings to provide period products or training.

Relations between Gypsies and Travellers and the police can be difficult at times. However, residents on Gypsy and Traveller sites are equally entitled to police services as the settled community. The site manager should work towards building a good relationship between residents and the local police, in particular, encouraging residents to report incidents of crime on the site, as well as any hate crime and racist behaviour/abuse directed towards them off-site.

Hostility or prejudice targeted at Gypsies and Travellers can be frequent and may include low level but persistent targeting. Significant tensions may arise as a result of proposals for the development of new sites locally. The site manager should advise and encourage residents of ways in which they may report hate crimes or incidents through the Police or to the National Hate Crime Report and Support Centre run by Victim Support Cymru through a free independent helpline 0300 30 31 982 (Free 24/7) or online. Save the Children are also operating a national reporting centre for children and young people from Gypsy and Traveller communities to report cases of harassment or hate crime.

A good relationship with the police can help to protect site residents, in particular, from external threats, while also helping to protect staff working on site.

Police should be granted the same access to a local authority site as to any other residential community and rules concerning warrants etc. apply equally.

The site manager should seek to facilitate good relations between residents and the police by engaging the local Police Community Support Officer and, where necessary, the force Diversity Officer to help foster respect between residents and the police, provide useful cultural awareness for any required police actions on site and give police an opportunity to work with these communities in a non-enforcement context.

Site managers must ensure that emergency vehicles can access the site when required. If an entrance barrier is in operation, the site manager must ensure that all services have the current code or key access. Failure to do this may endanger lives and/or property. Residents should be made aware that they must not prevent access to emergency vehicles and that this will constitute a serious breach of their pitch agreement.

Emergency services should be made familiar with the layout of the site and be provided with a site plan. This should include details of water hoses or hydrants. They should also be provided with relevant contact details.

Residents of local authority sites are entitled to the same level of postal services as people living in any other types of housing. The site manager should liaise with the Royal Mail to ensure that the site is recognised as a residential area.

It is not acceptable for all mail to be delivered to one pitch on site as this may lead to a security risk or a breach of a resident’s right to confidentiality.

Each pitch should have its own address, which should not identify the site as a Gypsy and Traveller site.

Some postal workers have refused in the past to deliver directly to pitches for a number of reasons, for example dogs that are not properly controlled. Where this is the case the site manager should identify the issue and attempt to address this with site residents and the post office in order to re-instate service to the pitches.

It is important for site managers to be aware of the movements of Gypsies and Travellers in the local authority area and notify the local authority if any unauthorised encampments move onto the site by referring to The Managing Unauthorised Encampment guidance. Where a Gypsy and Traveller Liaison Officer is in place, there will need to be close liaison between them and the site manager.

The local authority should also inform the site manager and operational manager where any unauthorised encampments have occurred off-site by those visiting residents on the site.

The site manager is responsible for dealing with unauthorised encampments on site and notifying the operational manager of any such encampments.

Consultation has shown that typically site residents do not want CCTV installed on site. However, CCTV is sometimes necessary to counter crime on site. Where a local authority installs CCTV, this should be done following consultation with all residents.

The privacy of residents must be respected at all times. Any CCTV cameras must not be directed into any occupied pitches and must not prevent residents’ enjoyment of their pitch. If CCTV is to be installed, the site manager should demonstrate how the system works and what it will capture to residents. Where CCTV is installed the site manager will be responsible for ensuring this is in good working order.

CCTV images which show identifiable individuals are subject to the Data Protection Act 2018 and UK GDPR and must be processed lawfully in the same way as any other personal data.

The local authority must install signage telling residents and visitors that CCTV is in operation, who controls the system and why. Local authorities will also need to decide how long footage will be kept for and how to deal with any subject access requests made by residents and visitors. Finally, the local authority must ensure the CCTV monitors are secure and cannot be viewed by unauthorised personnel.

Local authorities should consider provisions within mobile home agreements that allow for short-term absences and temporary occupancy arrangements. These can reflect the cultural practices of Gypsy and Traveller communities, including seasonal movements. Absence periods should be clearly defined and communicated, with discretion to extend where reasonable. Temporary arrangements may also be appropriate during emergency situations, subject to consultation and safeguarding considerations.

Some periods of absence from a residential pitch should be permitted within the mobile home agreement. Residents should know the length of time which they will be permitted to be absent from the pitch.

Residents should advise the site manager when they intend to have periods away from the site. During periods of absence, fees should continue to be paid by residents for allocated pitches and their pitches must not be reallocated to others.

Where residents breach the agreement relating to the duration of a short-term absence from the site, for example, extending their leave of absence beyond that agreed without notifying the site manager, the local authority should investigate the reasons for this. Where a local authority is satisfied that the resident is not occupying the mobile home as their only or main residence, and the local authority considers it reasonable for the agreement to be terminated, they may apply to a tribunal for an order to that effect.

The maximum permitted period of short-term absence is at the discretion of local authorities, but consideration of facilitating absence for traditional cultural practices should be factored into this decision. Consideration could also be given to aligning the permitted period of absence with that for the purposes of housing benefit, being a maximum period of 13 weeks within one calendar year. The local authority has the discretion to extend this period, if they wish, but residents should be made aware that even if their housing benefit payments do not continue to be paid, pitch fees must still be paid.

Site residents are entitled to receive visitors (and their mobile homes if there is room for these) onto their pitch for a temporary period, but visitors must not seek permanent occupancy. Mobile homes belonging to visitors (not those awaiting pitch application outcomes) should not be permitted on any vacant pitches on a site. The resident is responsible for all visitors to their pitch and mobile home agreements may specify that they may be liable for any damage their visitors cause.

Where possible, residents should give notice to the site manager that they are expecting visitors bringing their own caravans who may stay overnight or longer.

Residents should specify the amount of time the visitors intend to stay and the site manager should ensure that the visitors leave on time. Local authorities may consider a maximum stay of four consecutive weeks by visitors to be reasonable, provided pitches are available to accommodate visitors, although a shorter period may be more appropriate where sites are overcrowded.

Where sites are overcrowded, additional caravans may cause health and safety or fire concerns. The site manager should therefore explain to residents why it may be necessary to limit the number of mobile homes allowed on site at any one time.

Domestic pets (dogs, cats etc.) should be permitted to live with occupants on site. In the case of dogs, ownership must be properly identified and animals must be properly controlled within the pitch at all times. The local authority may consider it appropriate to include a provision in the mobile home agreement that any additional animals an occupier may acquire after it has been agreed may constitute a breach of the unless agreed in advance with the site manager. The agreement may allow additional animals to be kept for a short time, for example a litter of puppies could be accommodated, but a reasonable time limit for them to be re-homed should be agreed.

No dangerous dogs, within the definition of the Dangerous Dogs Act 1991, will be permitted within the confines of the site. If site managers are concerned about any animals on site, the appropriate authorities should be informed. Further guidance can be obtained from the Welsh Government Codes of Practice for Equines, Cats and Dogs available in the Code of Practice for Animal Welfare Establishments (2020).

Local authorities should not allow horses to be kept on pitches which are not fit for that purpose, and this should be included as an express term in mobile home agreements where necessary. There may be health and safety concerns associated with horses on unsuitable pitches and they may also cause disruption and damage to facilities and communal parts of the site.

Residents must make their own private arrangement for any grazing land or stable facilities they require, whether with the local authority or a private landlord. If the local authority is able to provide land for residents (at an additional cost) adjacent to the site, it should have a clear, secure boundary and secure gates.

Gypsies and Travellers have strong cultural traditions of keeping horses and some community members report that they have been subject to discrimination when seeking to access suitable grazing land for their horses. Local authorities are encouraged to consider the availability and provision of publicly owned grazing land when identifying new Gypsy and Traveller sites where possible.

Local authorities may also wish to consider offering the use of land in their own estate for short-term grazing leases.

Some Gypsies and Travellers may wish to operate their businesses from their pitch. Under section 56 of the 2013 Act, a local authority may do anything which it considers to be desirable in relation to the provision of a site, including providing working space and facilities for the residents to enable them to carry out the types of activities normally carried on by them.

Where no specific working spaces or facilities exist on a site, the local authority should carefully consider whether it is appropriate to allow residents to carry out work from their pitch. There may be health and safety concerns associated with certain types of work being carried out on an unsuitable pitch and the use of any heavy machinery on site is likely to cause the roads to deteriorate and potentially endanger other residents, especially children.

Where working on a pitch permitted by local authorities, it is the responsibility of both the site manager and operational manager to ensure that the site remains safe for all other occupants and visitors and that any additional requirements to safeguard others on site are included in an agreement.

Local authorities should consider whether the particular business needs of the residents require specific working or storage facilities on separate parts of the site or whether community members could reasonably be expected to lease commercial premises nearby.

For example, Travelling Showpeople sites may require specific areas to store and maintain fairground equipment. However, a scrap metal dealer working as a mobile collector would be unlikely to have a special need to store scrap metal on their own pitch.

Local authority site owners may also wish to consider including an express term in pitch agreements prohibiting the use of the pitch and/or site for commercial purposes, where appropriate.

Local authorities should have in place policies that promote a preventative and proportionate approach to resolving any conduct issues which may be experienced on a site before they have the potential to escalate. These policies should be equally applicable to both site residents and the settled community. Additionally, these policies should aim to safeguard those on individual pitches on the site from issues arising from other pitch residents or neighbouring settled community members.

Local authorities should include the site rules and policies about expected standards of conduct as express terms in the pitch agreement.

The site manager should work with residents, the settled community, the local authority and other service providers, including the police where appropriate, to ensure that the site is a safe and peaceful place to live for all residents. Residents should be advised that the site manager will liaise with the local authority, the police and any other agencies as may be relevant to deal with any unlawful activities they identify on or off site, whether by residents or non- residents.

The site manager may be expected to act as a mediator between residents on site or with members of the settled community in order to resolve problems, where necessary and appropriate. It is important that any site manager has the necessary skills and support to fulfil this role and receives any required training. The site manager should be fully supported by the local authority and operational manager in this role and should be able to refer any issues to their line manager whenever they require additional support.

It is recommended that a record be kept of any incidents which may occur on a site, supported by photographic evidence where possible, to ensure the local authority and the police have suitable measures in place to safeguard the well- being of all residents and visitors.

If permanent residents of local authority pitches wish to leave the site on a permanent basis, they are required to give written notice to the site manager, acting on behalf of the local authority, in writing not less than 28 days before they wish to leave. Residents who provide this period of notice are entitled to any overpayments incurred after the agreement is terminated.

Notice should be given to the site manager by the resident and then documentation should be signed by the resident to confirm the intended date of leaving the pitch and its availability for re-allocation.

The site manager should seek to ensure that all outstanding bills owed to the local authority or contracted management organisation are settled by the resident before departure. Before departures, the pitch and amenity block should be inspected for any damage. Residents should be informed (in their mobile home agreement) that any damage may incur a charge. The site occupants must be recorded to ensure local authorities know who is occupying pitches at all times. This will help identify those responsible for any damages.

The site manager should remind residents that they must inform the relevant benefit offices, education and health services, as applicable, prior to departure.

Residents should also be advised to leave a forwarding address, although they may choose not to do so.

Site managers should provide a reference on behalf of any former resident on request to any site manager or local authority.

If residents of transit pitches wish to leave the site before the expiry of their agreement, they must simply provide written notice to the site manager. There is no notice period required, and occupiers will be entitled to reclaim any overpayments for the period after termination.

The local authority should work with the site manager and the operational manager/liaison officer to ensure that a clear and transparent complaints policy is in place, with assurance of fair handling and feedback. This should be in line with the complaints policies for other forms of social housing provided by the local authority. For example, if a social housing complaints’ policy requires a response within 7 days, a resident on a Gypsy and Traveller site should expect the same.

Details of the complaints procedure should be available to all residents. Complaints may be submitted verbally or in writing. For written complaints, forms should be available from the local authority and the site manager. Residents must be informed how their complaint will be dealt with, including who will deal with their complaint in the first instance and what they can do if they are unhappy with the outcome.

Minor complaints may be dealt with on site by the site manager where appropriate. The policy should give examples of the type of issues which may be considered to be minor. The policy should also state that more serious issues will be referred to the operational manager or local authority complaints team.

Residents should be given details of who they may contact if they wish to complain about the site manager.

Feedback on the progress of the complaint should be available throughout the process, in accordance with the local authority’s complaints policy.

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 a ‘mobile home’ as measuring up to 20 metres in length and 6.8 metres in width.

Site

A site will include a range of facilities, (dependant 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.

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 indefinitely. 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.

Transit pitch

Land on a mobile home site where occupiers are entitled to station their mobile homes for a maximum of 3 months. Transit pitches can exist on permanent residential sites, however, this is not recommended.

Transit site

Transit sites are permanent facilities designed for temporary use by occupiers. These sites are intended to provide a route for Gypsies and Travellers to maintain a nomadic way of life. Individual occupiers are permitted to reside on the site for a maximum of three months at a time. Local authorities will be responsible for maintaining the site, including the provision of waste disposal, water supply and sanitation will be available.

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.

Settled communities

A settled community consists of people who are not members of the Gypsy and Traveller community and who reside in bricks and mortar housing.

Gypsies and Travellers Wales

Trowbridge Community Centre
Trowbridge
CF3 1RU

Telephone: 029 2021 4411
Email: info@gtwales.org.uk

Travelling Ahead (Tros Gynal Plant Cymru)

Maindy Road
Cardiff
CF24 4HQ

Telephone: 029 2039 6974
Website

There and Back Again

Telephone: 07931 376636
Website

The Showmen’s Guild of Great Britain

South Wales
29, Westend Avenue
Nottage
Porthcawl
CF63 3NE

Telephone: 07867 506061
Email: sgwales1@gmail.com

Welsh Local Government Association (WLGA)

4^th Floor
One Canal Parade
Dumballs Road
Cardiff
CF10 5BF

Telephone: 02920 468600
Email: enquiries@wlga.gov.uk
Website

Travellers’ Advice Team

Community Law Partnership

National helpline for Travellers: 0121 685 8677 (Monday to Friday, 9am to 1pm) Out of hours Emergencies only: 07768 316755
Website

Equality and Human Rights Commission in Wales

1 Caspian Point
Caspian Way
Cardiff
CF10 4DQ

Telephone: 029 2044 7710
Email: wales@equalityhumanrights.com
Website

The Traveller Movement

40, Jeffrey’s Road
Stockwell
London
SW4 6QX

Telephone: 020 7607 2002
Email: info@travellermovement.org.uk
Website

Friends, Families and Travellers

Community Base
113 Queens Road
Brighton
BN1 3XG

Telephone: 01273 234777
Email: Fft@gypsy-traveller.org
Website

Tai Pawb

Trident Court
East Moors Road
Cardiff
CF24 5TD

Telephone: 02921 057957
Email: info@taipawb.org

Planning Aid Wales

First Floor
12 Cathedral Road
Cardiff
CF11 9LJ

Telephone: 02920 625000
Website

Roma Support Group

PO Box 23610
London
E7 0XB

Telephone: 07949 089778
Email: info@romasupportgroup.org.uk
Website

Travellers Aid Trust

PO Box 16
Llangyndeyrn
Kidwelly
SA 17 5YT

Telephone: 01554 891976
Email: info@travellersaidtrust.org
Website

Advisory Council for the Education of Romany and other Travellers (ACERT)

Little Kiln
Pottery Road
Bovey Tracey
Devon
TQ13 9DS

Telephone: 020 8374 1286
Email: Info@acert.org.uk
Website