Guidance for managing unauthorised encampments - Chapter 6: step-by-step guide to resolving unauthorised encampments

Local authorities should consider this section of the guidance when addressing an unauthorised encampment that has occurred in their area. Whilst each encampment should be assessed on a case-by-case basis, this section provides the tools for authorities to develop a fair and effective response.

Usually, the first awareness of an unauthorised encampment will come from reports by local residents or businesses in the vicinity of a newly-formed encampment.

Local authorities should ensure that they have an effective means of responding to encampments as soon as they occur. It is recommended that local authorities appoint a Single Point of Contact (SPOC) to deal with unauthorised encampments in their area and that all local authority staff are made aware of the contact details for the SPOC. It is especially important that complaints officers and switchboard operators have these details.

The SPOC does not necessarily need to be the same officer for every encampment. However, having a single contact for all issues relating to a particular encampment will help the local authority to respond swiftly and effectively and may foster better working relationships between all those involved. The local authority should ensure the SPOC has the support necessary to fulfill their role and that important decisions are made at a senior level. Local authority leaders should also ensure that all relevant departments can be coordinated effectively.

Keeping local communities and businesses informed as to the local authority’s proposals for dealing with the encampment will help ensure community cohesion and manage the potential concerns of those in the surrounding area.

When first notified of an unauthorised encampment, the local authority should try and obtain as much information as possible from the person making the report, whilst respecting that they may wish to remain anonymous.

Relevant information may include:

• the location of the encampment
• how long the encampment has been established
• the approximate number of people and vehicles present
• if any contact has been made between the person making the report and the occupiers, and if so, the outcome of those discussions
• whether the person making the report has any specific concerns about the encampment, such as the occupants blocking access to land or causing a public nuisance
• contact details for the person making the report if they wish to be kept up to date with the local authority’s response to the encampment

Local authorities should prioritise early engagement with each family on an unauthorised encampment before considering how to respond to ensure that the decision-making process is fully informed and based on all relevant considerations.

At this stage, police involvement is not appropriate. Local authorities should lead and engage directly with families, and only involve the police where the requirements set out in NPCC guidance are met.

Once the report of the encampment is logged, it is recommended that the SPOC or lead officer conducts an encampment visit to assess the welfare of the occupants as soon as reasonably practicable, and ideally within 24 hours.

A local authority is subject to a number of duties relating to those living within their area, including those in education, children, and housing legislation. These duties apply equally in respect of Gypsy and Traveller communities living on an unauthorised encampment. An effective welfare assessment will help local authorities demonstrate their compliance with these legal duties.

A universal template for a Welfare Assessment is available at Annex 3.

Previously, welfare assessments may have been undertaken by the SPOC or another local authority lead officer. However, it is recommended that consideration is given to appointing an independent person with a specialist understanding of the particular needs of Gypsies and Travellers to undertake welfare assessments on behalf of the local authority. An external person may be perceived as being more open-minded and approachable by the occupants of an encampment, who may be distrustful of local authority officers.

The welfare assessment will enable the local authority to ascertain important information about the encampment including:

• determining the safety of the encampment for both the occupants and the wider community
• reasons for and intended duration of stay
• how many occupiers and vehicles (including caravans) are present
• how many of the occupiers are children
• how many of the occupiers are elderly
• if any occupiers are disabled
• if there are any babies or very young children on site
• if there are any health issues/medical conditions affecting the occupiers e.g. whether any of the group have been hospitalised, if any are pregnant or post-natal, or recovering from serious illness or injury etc.
• determine whether any specific support is required by any of the occupants, such as a need for permanent residential accommodation or any health or social care issues
• if there are school examinations impending
• what local authority services are considered appropriate e.g. refuse collection, portable toilets, water etc.

The purpose of the encampment visit is to:

• identify any potential issues including the state of the land and the encampment
• determine whether the involvement of additional agencies is required, such as Traveller Education Services or health professionals
• determine whether any services will be provided on the site, such as waste or sanitation
• assess whether it is reasonable to ask the occupiers to pay for any services which the local authority may decide to provide
• inform the occupiers what action the local authority intends to take in response to the unauthorised encampment
• provide the occupiers with local contact details, including the SPOC or other lead officer who is conducting the assessment, and any relevant healthcare, education professionals and citizens advice

The local authority should ensure that any vulnerable occupants on an unauthorised encampment are made aware of the assistance and support they may be entitled to, and that, in particular, relevant departments are notified where:

• the occupants include those who are pregnant, children under 5, persons with significant health issues or social care needs
• there are immediate risks to the occupiers, such as contaminated land or traffic hazards
• There are school-age children present, within 4 weeks of the end of term

The SPOC or lead officer undertaking the welfare assessment should have the training and expertise required to be able to properly assess the needs of the occupiers. Local authorities should be aware that for cultural reasons some female occupiers will not participate in this process if they are approached by a male SPOC. It would therefore be good practice for a mixed gender team to undertake the welfare assessment, where possible.

It should also be recognised that the quality and quantity of information gathered during the welfare assessment will depend, to some extent, on the relationship the SPOC is able to develop with the occupiers. Cultural awareness training and good communication skills can often be important in ensuring an effective assessment is completed. It may also be helpful to ensure that any local authority officers undertaking the welfare assessments are not the same officers who conduct any enforcement proceedings.

Welfare assessments will provide the necessary information for the SPOC to liaise with relevant colleagues, such as those in the education and housing departments of the local authority or with health professionals.

Local authorities have no power to insist that information is given to them as part of the welfare assessment. Where an occupant has decided against sharing any information with the SPOC, a note of the questions asked and the decision not to answer should be kept, together with any reasons given for not responding.

Occupiers should be informed that they may provide information through another person they trust, if they wish, and the SPOC should accommodate this where practicable.

Any personal information obtained in the course of visits and enquiries is subject to data protection legislation. Photographs of individuals should also be treated as personal data, if those individuals are identifiable. Authorities should make clear the purpose for which information is being collected and give assurances about how it will be used and with whom it might be shared.

Welfare assessments should be kept for audit purposes. They may also be required if any legal challenge is taken in response to any possession proceedings the local authority may subsequently pursue.

Good practice

“In Wrexham, the local authority and local health board have an established agreement for Betsi Cadwaladr university health board to attend unauthorised encampments to undertake welfare assessments when required.

This system allows welfare needs to be properly assessed by professionals who are not involved in eviction procedures. This approach is likely to lead to increased participation on the part of the occupiers.”

Wrexham County Borough Council and Betsi Cadwaladr University Health Board (Welfare assessments).

The local authority may decide to visit the encampment more than once to ensure they are able to fulfil their statutory duties towards the occupants.

The occupiers should also be advised that they may contact the SPOC or other lead officers from the local authority to request an additional visit if they consider any additional support is required to safeguard their welfare.

When providing occupiers with useful information and contacts, it will be necessary to consider any need for accessible materials. Some Gypsies and Travellers may have literacy issues and so it is important that local authorities ensure that occupiers are able to read and understand any documents which may be provided to them.

Proactively identifying temporary/negotiated stopping places can provide a pragmatic and cost-effective long term solution and enables the local authority to relocate an encampment from an inappropriate location whilst recognising the need to provide support for the nomadic lifestyle of Gypsies and Travellers.

Local authorities who provide transit sites and temporary/negotiated stopping places, rather than simply taking reactive enforcement action against unauthorised encampments, will often save money in the long-term. Adopting the following approaches to unauthorised encampments can be cost-effective:

• Providing local authority pitches and sites for Gypsies and Travellers where there is identified need in the area. Local authority pitches allow for local authorities to charge rent, rates, and council tax to residents.
• Identifying temporary/negotiated stopping places within the locality where unauthorised encampments could be relocated and managed for a short time. Local authorities could avoid unnecessary enforcement costs if the encampment is able to access a temporary site.
• Providing services such as refuse collection, toilets, and fresh water can reduce considerable clean-up costs.
• Negotiating reasonable payments from occupiers for these services can recoup a significant amount of the expenditure incurred to provide these.

Good practice

“In January 2011, Leeds City Council published the findings of the Neighbourhoods and Environment scrutiny panel, which recommended a pilot ‘Negotiated Stopping’ scheme. The scheme reviewed possible land for temporary stopping places using the following criteria:

• That the land was a ‘defensible space’ in that land available was restricted and any encampment therefore would be restricted in size.
• That there was some ‘buy-in’ to the project among local business owners, the police, and elected members.
• The location was safe for the occupiers and that they were prepared to stay there.

“ The initial agreement lasted 3 months and the authority provided waste disposal and toilets for each family. Leeds Gypsy and Traveller Exchange (GATE) provided liaison support between occupiers and the local authority.

“ A second location was found soon after and local elected members indicated that they were content for the scheme to be extended. Leeds City Council estimates that it has saved in excess of £100,000 so far through reduced eviction and cleanup costs associated with unauthorised camping.”

Leeds City Council and Leeds GATE (Temporary/negotiated stopping place).

Chapter 2 (Approaches to resolving unauthorised encampments) sets out the 3 paths local authorities will typically consider when resolving the issue of an unauthorised encampment:

• Path 1: to accept the unauthorised encampment.
• Path 2: to identify an alternative site.
• Path 3: to seek and obtain possession of the occupied site (eviction proceedings).

The cost-benefit analysis for Path 1 and Path 2 has shown that accepting an encampment for a short period of time or relocating it to an agreed stopping place may be the most effective solution for all.

Path 3 Evicting occupiers from an unauthorised encampment will often lead to extensive costs being incurred by the local authority and police force and take time to resolve. It may also fail to provide a long-term solution: where occupiers have set up an unauthorised encampment in the general local authority area due to a lack of lawful pitches, in the absence of any suitable alternatives, they may move to another unauthorised encampment within the same area.

Public authorities following this path need to be satisfied that possession action is justified and proportionate and does not unlawfully interfere with the human rights of the occupants. Welfare assessments will help demonstrate that the local authority has considered all relevant information and reached a decision to evict after balancing the rights or those occupiers with those of the wider settled community.

Consideration may be given as to whether to liaise with the police about any intention to evict the occupiers.