1.0 Unauthorised Encampment Policy Purpose
1.1 An unauthorised encampment arises when an individual or group of individuals move onto a piece of land they do not own without the permission or consent of the landowner or occupier of the land.
1.2 This policy sets out how the Council will respond to unauthorised encampments whether on Council land or land in private ownership. Land in private ownership includes land owned or held by Town or Parish Councils. The policy seeks to ensure that its approach to responding to unauthorised encampments is consistent, lawful and proportionate and has been developed within the context of the Government publications, guidance and legislation and in consultation with partners including the Gypsy and Traveller Community.
2.0 Actions to be taken by the Council
2.1 The Council will act to remove any unauthorised encampment on its land following a risk-based assessment. The risk will be assessed by way of the Community Impact Assessment included within the Joint Working Procedure attached at Appendix 1 to this policy. Where there is reason to do so the Council will act quickly as is practicably possible in accordance with relevant legislation and guidance.
2.2 In all cases the Council will carry out a process of negotiation only progressing through the different enforcement powers if negotiation fails to provide a solution. A negotiated solution would always be sought prior to the commencement of any legal action.
2.3 Where the Council receives any report of an unauthorised encampment, this will be passed on to the Environmental Enforcement Team who shall log the timing and location of the encampment and check the Council’s land records for ownership. The Police will also be informed of the location and land ownership (where known).
2.4 The unauthorised encampment, whether on privately owned or Council land will be visited usually within 1 working day. The approach in all circumstances will be to undertake an initial visit to assess and record any welfare needs of those camped and assess and record any wider community impact. This will be undertaken by way of the Welfare Needs Assessment and the Community Impact Assessment both contained within the Joint Working Protocol attached at Appendix 1. Where appropriate and proportionate to the initial report, and to ensure partners have a single view of the risk, a joint visit with the police is recommended. Based on the findings of the assessments, the Environmental Enforcement Manager will be notified of the Impact Assessment and they will then consider whether it is necessary to notify the Head of Service and local Members.
2.5 The purpose of the initial Welfare Needs Assessment and Community Impact Assessment is to establish the intention of the occupants including how long they expect to stay. These recorded assessments help Officers attending assess the level of risk considering such factors as the number of people and vehicles camped, any health needs, or animal welfare issues, the camp location, its proximity to other amenities including public toilets and the likely impact on the wider community and environment. Where possible a negotiated
agreement to leave will be reached and recorded. Based on the level of risk identified as a result of the welfare and impact assessments, the Environment Enforcement Manager will inform the Head of Service and local Members of any intended action of the council, police or landowner.
2.6 Where reports of an encampment come into the Council via its Out of Hours (OoH) arrangements on evenings, weekends or bank holidays, the initial site assessments shall be undertaken the next working day. If the Council OoH service receives reports of anti-social behaviour, damage to property or the environment the caller will be advised to call the police. The call handler will email the relevant information to the Regulatory Services Support generic email.
2.7 In all instances the Welfare Needs Assessment and Community Impact Assessment shall be regularly reviewed to ensure the council’s and police response is appropriate and proportionate to the agreed identified risks.
2.8 The Welfare Needs Assessment should have particular regard to the welfare needs of any children, the elderly or other people who may be vulnerable. Where support or welfare needs are identified the Enforcement Team will try to assist or refer the matter to the relevant Council service or external agency.
2.9 The assessment shall also be used to determine what services if any are needed by the People including the provision of facilities for the disposal of waste as well as access to water and toilets. Where People indicate their length of stay is likely to be several days then the Council shall consider providing portable toilet facilities. The Council believes the provision of such facilities are a basic public and environmental health requirement which outweighs any wider community concerns the public may have around the Council ‘enabling’ unauthorised encampments.
2.10 When on Council or open public land it is the Councils view that a pragmatic and flexible approach shall be taken and that People shall be encouraged to move through a process of negotiation. This approach shall be taken where the location of the unauthorised encampment has a relatively low impact or where the circumstances of the trespassers themselves require a degree of flexibility. This means that at the discretion of the relevant Head of Service a grace period may be given prior to the commencement of any formal legal proceedings (e.g. the service of directions notices) being issued. If they have not vacated at the end of an agreed period or the risk level is considered to have increased (e.g., increased reports of anti-social behaviour or evidence of criminal activity associated with the trespassers) then legal action to gain possession shall be commenced.
2.11 Where unauthorised encampments occur on land that has a higher impact on the wider community for example on well used Public Open Space or carparks in close proximity in residential areas, or on designated parkland, then verbal notice giving 24 hours to leave the site shall generally be issued. In these instances, the decision on the best course of action shall be made based on the Risk Assessment in consultation with the attending officers (Council and Police), the Council Legal Services and Head of Service. The Head of Service will inform the relevant Assistant Director and Local Members.
2.12 When on privately owned land the Council will not initiate any enforcement action. The Council will still carry out the initial Welfare and Community Impact assessments. Officers will engage the landowner and provide relevant information about powers and procedures to enable the landowner to make an informed decision on how they wish to proceed.
3.0 Legal Powers
3.1 The Council will use the most appropriate power to regain possession. It has a variety of powers at its disposal. These include the power to seek possession of land under the Civil Procedure Rules Part 55 and injunctions to prohibit trespass under Section 222 of The Local Government Act 1972.
3.2 Generally the most appropriate Council power in relation to unauthorised encampments is Section 77 of the Criminal Justice and Public Order Act 1994 (CJPO). Section 77 of that Act gives Local Authorities the power to issue a direction to leave land to people residing in vehicles, including caravans on land on which they are residing without the Council’s consent. Failure to comply with such a direction means the local authority can apply to the magistrate’s court for an order requiring the removal of vehicles and occupants.
3.3 It is important to note that at the end of any notice or ‘direction period’ if those illegally camped have not moved on, then due legal process must be followed to seek possession through the Courts. This process can be lengthy and it is the Council’s experience that People generally move on without the need to resort to such an approach.
3.4 In all instances the Council’s decision making must seek to balance the impact of the encampment, the rights and needs of those illegally camped along with the need to avoid commencing unnecessary and abortive legal proceedings. The Welfare Assessments and Community Impact Assessments will be used to inform any such decisions.
3.5 In addition to the Council’s powers, under certain circumstances, the Police have a discretionary power to take action in accordance with Sections 60C-E, 61 and 62a -f of the same Act. This gives the Police powers to direct trespassers to leave and remove any property or vehicles where the landowners has given a direction for the trespassers to leave and they have failed to do so.
4.0 Communication
4.1 Unauthorised encampments often generate numerous enquiries from the public, directed toward the Council, local Members and police. To mitigate against this, the Environmental Enforcement Team will keep Customer Services, local Members and the police updated with any developments or action being taken regarding the unauthorised encampment(s).
5.0 Action when a group of those illegally camped has moved on
5.1 The occupiers of the site will be required to clear up the site before leaving.
5.2 Where a public site requires a clean-up, this shall be undertaken by the Council. The Council reserves the right to recharge for any costs associated with site clearance.
5.3 Where a site in private ownership requires a clean-up the Council reserves the right to recharge for any costs associated with a request from the landowner for assistance.
5.4 The Council will take any necessary action (that can be reasonably taken) to secure locations which are subject to serial encampments.
6.0 Monitoring Review
6.1 The Council will undertake an annual monitoring review of any unauthorised encampment activity across its localities to identify:
- numbers of unauthorised encampments across North Yorkshire, their locations and types
- Details of all enforcement and welfare actions taken
- Risk assessment levels
- Feedback from unauthorised encampments, communities and partners
6.2 The data gathered from the review will allow us to:
- Make improvements to policy and practice where required
- Identify action required to secure sensitive locations or those subject to serial encampment.
- Identify areas with the highest / lowest impacts on local communities
- Inform other policy and practice such as public health, health and care provision, homelessness and rough sleeping practice and community safety planning
7.0 Equality Impact Assessment
7.1 We recognise that unauthorised encampments may include populations regarded as protected or having special characteristics. This predominantly includes Traveller communities and those experiencing homelessness. We have completed a full equality impact assessment to understand such impact and to influence the development of this policy and working procedures. EIAs will be considered as part of the annual monitoring review.
Appendices
Web Links to Best Practice and Guides good_practice_guidance_understanding_the_welfare_impact_of_the_pcsc_act_-_july_2022.pdf (basw.co.uk)