Guidance for managing unauthorised encampments - Chapter 3: understanding unauthorised encampments and possible remedies

Unauthorised encampments vary in purpose and may occur for a number of reasons. One of the main reasons for unauthorised encampments is the lack of local authority sites, transit and temporary/negotiated stopping places, and the closure of many traditional stopping places. In the absence of local authority transit provision, Gypsies and Travellers who have to travel for work, family commitments or to access essential services have no legal place to stop.

The Welsh Government respects and supports the nomadic lifestyle of Gypsies and Travellers and recognises that unauthorised encampments may occur due to lack of sufficient and appropriate temporary site provision. It is understood that addressing the issue of unauthorised encampments must be considered in the wider context of the unavailability of lawful transit site provision.

Delivering more local authority sites coupled with effective site management will help remove the need for unauthorised encampments.

This guidance therefore encourages best practice in creating transit and temporary negotiated stopping places to reduce unauthorised encampments Under the Housing (Wales) Act 2014, local authorities have a statutory duty to meet the accommodation needs identified in their approved Gypsy and Traveller Accommodation Assessment (GTAA). Where a need for transit provision is identified in the GTAA, the local authority is legally required to take action to address it.

As transit sites and temporary/negotiated stopping places are developed, managing unauthorised encampment protocols will need to be invoked less and less, thereby reducing the administrative and financial implications of local authorities having to respond.

Where unauthorised encampments occur, local authorities should, as far as is practicable, ensure they are safe for the individuals concerned and do not have an adverse impact on the land.

It is likely that each unauthorised encampment will differ from the next. They may vary in terms of:

• size: typically, encampments will consist of just a few caravans but can increase significantly in relation to major funerals or weddings or traditional cultural fairs
• location: from concealed grassland areas to protected land or highly visible areas e.g. on the roadside. Increasingly, encampments are occurring on industrial or business parks
• impact on settled community: as with the settled population some encampments may cause a nuisance to the local community while others may be peaceful
• impact on the land: some encampments may leave an area unspoilt and tidy while others may cause damage to the land and leave waste behind

Gypsies and Travellers may be on unauthorised encampments for a variety of reasons, for example:

• The occupiers have no local authority pitch on which to station their caravan.
• Newly married couples may have left their parents’ pitches but have no legal pitch of their own.
• To attend a family event in the local area such as a wedding or funeral.
• Attempts to adjust to living in ‘bricks and mortar’ may have failed.
• To rest overnight whilst travelling to another location, for example, to a permanent site or a port.
• Health reasons, for example if a member of the group requires urgent medical care, a visit to a GP for medication or if a pregnant person is approaching their due date.
• To find work.
• To allow children and young people to attend school or tertiary education.
• To provide a respite from travelling for an elderly or sick member of the group.
• Longer term encampments will often occur for education or healthcare reasons, or simply because there is no alternative pitch available.
• Shorter term encampments can occur for a wide range of circumstances and may last only for a specific time period, such as the duration of wedding celebrations or a period of hospital treatment.

Both short and longer term unauthorised encampments are likely to have an impact on the local area in terms of the provision of services and access to the occupied land.

Local authorities should recognise that it may be more proportionate and cost effective to provide a pitch for those on an unauthorised encampment, even if that is a temporary pitch within a temporary/negotiated stopping place, rather than taking any enforcement action against them. Developing and providing local authority pitches and sites could help community cohesion, limit the potential of any damage to public land, and reduce clear-up costs.

A temporary/negotiated stopping place is a site with appropriate planning permission where Gypsies and Travellers are permitted to stay with the permission of the landowner, usually a local authority. Temporary/negotiated stopping places can be provided to relocate unlawfully located encampments whilst alternative sites are progressed. These are intended to be a strictly temporary measure where local authorities do not have suitable permanent or transit provision available within their area. They are not a long-term solution and local authorities must still meet their duties to provide appropriate accommodation for Gypsies and Travellers under the Housing (Wales) Act 2014.

The requirements relating to sites within the Mobile Homes (Wales) Act 2013 do not apply to temporary/negotiated stopping places as these are not local authority or transient sites. However, temporary/negotiated stopping places should always provide basic amenities for occupiers, including waste disposal, water supply and sanitation. Those families who use temporary/negotiated stopping places should also have a welfare assessment conducted by the local authority as soon as possible to ensure the local authority meets their statutory duties towards those individuals.

It is vital that local authorities have protocols in place to deal appropriately and proportionately with unauthorised encampments.

If an unauthorised encampment arises, local authorities have 3 main pathways to follow in response. Each option must be carefully considered by local authorities to ensure that the approach they decide to take is fair, reasonable, and proportionate:

• Path 1: to accept the unauthorised encampment, whether for a short time or longer term, until families move on voluntarily or an alternative site can be found. Before following Path 1, the local authority will need to assess the safety of the encampment for both the occupants and the wider community.
• Path 2: to identify an alternative site, whether for a temporary basis or longer term, for the Gypsy or Traveller occupiers to move onto. Where local authorities have experienced repeat unauthorised encampments at a particular location or time of year, they should seek to pre-empt any further incidences by having a suitable alternative transit site or stopping place ready in advance where possible.
• Path 3: if Paths 1 and 2 do not resolve the situation or are inappropriate for any reason, and no welfare or safety concerns prevent immediate enforcement action being taken, seek possession of the occupied site (eviction proceedings).

Unauthorised encampments are, by definition, unlawful. However it is recognised that until the issue of site provision is properly addressed unauthorised encampments are likely to continue to occur.

Each unauthorised encampment should be dealt with on a case-by-case basis. Deciding which path to take in the particular circumstances of each individual case is essential to achieve a fair balance between the rights of Gypsies and Travellers and the rights of landowners and the public.

Each encampment must be considered on its own set of circumstances, taking into account factors such as health and safety considerations for the occupiers, traffic hazards, public health risks, environmental damage, public nuisance, and proximity to other sensitive land-uses.

When assessing the circumstances of those on the encampment, it is particularly important that local authorities consider how any eviction actions would impact any vulnerable members of the group, such as those who have pressing health or social care needs or children. This assessment will help local authorities to determine the most appropriate course of action, balancing the interests of the occupiers against those of the surrounding settled community.

A local authority may consider it appropriate to approve an unauthorised encampment in certain circumstances, either on a long-term or short-term basis.

This decision will be determined by a number of factors, including:

• the welfare assessment
• local circumstances
• the expected duration of the encampment
• whether the occupiers are in transit to another destination (such as to meet family or to a harbour) and are only stopping for a short period
• general considerations such as health and safety hazards, traffic issues, public health risks and the impact on other land users

There may be locations where the encampment may not be considered acceptable for any period of time, for example:

• National Nature Reserves, Special Areas of Conservation and Special Protection Areas and sites of Special Scientific Interest.
• School car parks or playing fields.
• Car parks for other facilities, such as hospitals.
• Urban parks.
• Public playing fields.
• A site where pollution or waste from vehicles could damage ground, water, or water courses.
• An area with toxic waste or other serious land contamination.
• The verge of a busy road which poses a danger to the occupiers of the encampment.
• Sites where there is potential for significant harm or disturbance to protected species known to be present at, or in close proximity to, the site.

The particular circumstances of some locations may also be material considerations for local authorities when determining whether an unauthorised encampment may be accepted for any time period. This may include a location where there is flood risk or an encampment in a sensitive location, such as a National Park or Area of Outstanding Natural Beauty. Natural Resources Wales (NRW) can advise local authorities on consideration of these issues.

The local authority and relevant partner agencies will need to decide whether the individual circumstances of the encampment, for example the risks to public safety or the impact on the local community, outweigh the interests of the encampment occupiers.

Where the welfare assessment identifies serious safety and welfare concerns for the occupiers, a local authority may wish to take immediate action to either rectify the safety concerns, temporarily relocate the encampment, or evict the occupiers.

Relocating an encampment will be far easier if the local authority has established a temporary/negotiated stopping place to be utilised.

The welfare assessment may also identify urgent concerns, which may suggest the need of immediate medical or social care responses from the local health board or local authority.

In these circumstances a decision may be made to allow the encampment to remain on a short-term basis. However, any decision to approve an unauthorised encampment should be closely monitored. In particular, if the encampment exceeds the expected stay, the local authority may wish to reconsider how best to proceed. Local health and education professionals have anecdotally reported upon the benefits of a temporary/negotiated stopping place, if only for a short period of time, as children are able to benefit from education and healthcare.

Where Gypsies and Travellers are considered to be homeless or at risk of homelessness the Housing (Wales) Act 2014, local authorities may wish to consider whether it would be appropriate to negotiate and accept an unauthorised encampment until the outcome of any homelessness application is known, unless the encampment is an immediate threat to public safety or community cohesion.

Encampments will often be first identified by local residents and businesses who are concerned about the potential impact on them. Concerns may range from the potential for a public nuisance, fly-tipping, expanding camps and permanent occupation. The public may have expectations that encampments may be cleared as quickly as possible after the local authority has been notified.

However, whether or when any eviction action will be taken against the encampment will depend on the circumstances in each case.

The decision on whether to take eviction action should be made only after consideration of all the circumstances of the case, including whether the occupants have any particular welfare needs and the extent to which the encampment is causing a public nuisance or safety issues.

Whichever path is chosen, the local authority and relevant agencies should document all the evidence on which their decision was based, including welfare assessments and the factors taken into account when deciding which path to pursue. All stakeholders, including local residents, the occupiers, and agencies involved, should be kept informed of how the local authority is responding to the encampment, as appropriate.

There is no statutory limit on the duration of a temporary/negotiated stopping place. However, if an encampment seeks to remain in the area on a long-term basis, this could suggest the need for a local authority site for those occupants. Local authorities will be aware of their statutory duty to accommodate Gypsies and Travellers residing or resorting in their areas under the Housing (Wales) Act 2014.