Guidance for managing unauthorised encampments - Chapter 5: roles and responsibilities

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

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

Where an unauthorised encampment takes place on land owned by the Welsh Government, the relevant department responsible for managing the estate may consider whether to take any eviction proceedings as landowner. The decision on whether to take eviction action will be made only after consideration of all the circumstances of the individual case and will take into account the needs of the Gypsy and Traveller occupants as well as those of the general public.

Eviction proceedings will not be commenced by Welsh Government without prior consultation with the relevant local authority, given their duty to help those who are homeless or at risk of homelessness within their area. The responsibility for ensuing the welfare of the occupants on such an unauthorised encampment also remains with the relevant local authority, who have a range of statutory duties towards these individuals. The costs of any eviction proceedings will remain the responsibility of the Welsh Government as land owner.

Where an unauthorised encampment occurs on local authority land, the local authority must consider their statutory duty to help those who are homeless or at risk of homelessness within their area, before deciding whether to take any eviction proceedings as landowner. Local authorities must also take into account their other statutory duties to ensure the welfare of these individuals when deciding how to deal with an unauthorised encampment.

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

Private landowners experiencing unauthorised encampments on their land do not have the same statutory responsibilities towards Gypsies and Travellers as public authorities. Where appropriate, landowners are encouraged to liaise with local authorities or the police to consider approaches such as mediation or negotiated departure to resolve the situation constructively.

However, when seeking to resolve unauthorised encampments on their land, private landowners must ensure any action they take is lawful.

While the police have a range of powers in relation to unauthorised encampments, local authorities should lead and work directly with Gypsy and Traveller communities in the first instance. The police should only be involved where the requirements set out in NPCC guidance are met.