Frequently Asked Questions

Gypsies, Travellers and the Law

Introduction

Everyone has rights, including Travellers/Gypsies and people on whose land unauthorised camping takes place.

 

Gypsies and Travellers are protected from discrimination by the Race Relations Act 1976 and the Human Rights Act 1998, together with all ethnic groups who have a particular culture, language or values.

 

The aim of this information is to set out how the Council and other official agencies will work to try to balance the rights of all those involved.

Why do Gypsies/Travellers pursue a travelling lifestyle?

Their way of life means that they travel the country staying for various periods of time in different locations, in order to earn a living. This has been their way of life for many generations.

Does the Council have a duty to move Gypsies/Travellers when they are camped without the landowner's permission?

No. If Gypsies/Travellers are camped on Council land, the Council can evict them.

 

If they are on private land, it is usually the landowner's responsibility. The Government has advised that when Gypsies/Travellers are not causing a problem, the site may be tolerated.

If Gypsies/Travellers camp on private land, what can the landowner do?

(i) Talk to them to see if a leaving date can be agreed.

 

(ii) Take proceedings in the County Court under the Civil Procedure Rules 1998 to obtain a Court Order for their eviction. There must be a minimum of two clear days between service of documents and the Court hearing.

What if the landowner decides to let them stay on the land temporarily?

Unless the landowner has already obtained planning permission for a caravan site or is a farmer and the Gypsies/Travellers are helping with fruit picking etc., then the landowner could be in breach of the Planning Acts and the Acts dealing with the licensing of caravan sites. You may wish to seek further advice from Fareham Borough Council Environmental Health section, who deal with illegal encampments.

If the landowner fails to take the appropriate action to remove the Gypsies/Travellers, what will the Council do?

If the landowner is in breach of any planning or license requirements, then the Council will take proceedings against the landowner to require removal of the illegal encampment.

I have seen Gypsies/Travellers camping on the side of the road and sometimes on parks or other Council-owned land, what can the Council do in these cases?

If the Gypsies/Travellers are causing problems they will be moved on as soon as is possible and reasonable. The Council will consider each case on its merits. In all cases the site is visited and every effort made to make sure that the Gypsies/Travellers keep the site tidy and do not cause public health problems. This sometimes means that refuse collection facilities may be provided for this purpose.

Can the Council remove Gypsies/Travellers from their land immediately?

No, the Council must:

  • show that the Gypsies/Travellers are on the land without consent;
  • make enquiries regarding the general health, welfare and children's education;
  • ensure that the Human Rights Acts 1998 has been fully complied with;
  • follow a set procedure in terms of proving ownership of land and details of the illegal encampment that will enable them to successfully obtain the necessary authority from the Courts to order the Gypsies/Travellers to leave the site.

How long will it take for the Gypsies/Travellers to be removed?

This will depend upon the circumstances of each individual case. The Council will need to take account of the issues outlined above as well as how soon they can obtain a Court hearing date.

Can the Court refuse to grant the Council an order to move Gypsies/Travellers on?

Yes. If there is an unavoidable reason for the Gypsies/Travellers to stay on the site, or if the Court believes that the Council have failed to make adequate enquiries regarding the general health and welfare of the Gypsies/Travellers. The Council must try to find out this information before going to Court.

What can the Police do?

The Police will visit all sites reported to them. In certain circumstances (for example, where the Gypsies/Travellers have with them six or more vehicles), officers may use powers under Section 61 of the Criminal Justice and Public Order Act 1994. These powers will only be used in situations of serious criminality or public disorder not capable of being addressed by normal criminal legislation and in which the trespassory occupation of the land is a relevant factor.

 

The Police are bound by the Human Rights Act and may be constrained to avoid using section 61 in circumstances where it would preclude welfare considerations from being applied by the civil courts.

 

The duty of the Police is to preserve the peace and prevent crime. Trespass on land by itself is not a criminal offence. Prevention of Trespass and the removal of trespassers are the responsibilities of the landowner and not the Police. The Police will investigate all criminal and Public Order offences.

Useful contacts

Help us identify vulnerable land

Every year a number of gypsies and travellers illegally encamp on our land and although the Council works hard to substantially protect the land, there are areas that go undetected. If you see land across the Borough that appears particularly vulnerable to a possible invasion by gypsies and travellers (e.g. if fencing, gates or barriers are damaged, which could make access for the travellers onto the land easier) then we would be grateful if you could  let us know about it. If the land is Council owned we will arrange to make repairs, and if the land is privately owned we will contact the owner and offer them advice.

Report vulnerable land

Please complete the Council's online land vulnerable to illegal encampments form to report any land that you feel is vulnerable to unlawful invasion by gypsies and travellers. If you would like any further information  please e-mail regulatory@fareham.gov.uk or telephone 01329 236100.

Frequently Asked Questions

What is a caravan?
A caravan is defined as any structure designed or adapted for human habitation which is capable of being moved from one place to another (whether by being towed, or by being transported on a motor vehicle or trailer) and any motor vehicle so designed or adapted, but does not include: any railway rolling stock which is for the time being on rails forming part of a railway system, or any tent. The definition was amended by the Caravan Sites Act 1968 to include a twin-unit caravan provided that it is: composed of not more than two sections separately constructed and designed to be assembled on site by means of bolts, clamps or other devices and; when dis-assembled, is physically capable of being moved by road from one place to another (whether by being towed or by being transported on a motor vehicle or trailer). Provided also when assembled: its length (exclusive of drawbar) does not exceed 60 feet (18.288 m); its width does not exceed 20 feet (6.096 m); the overall height of the living accommodation (measured internally from the floor to the lowest level of the ceiling at the highest level) does not exceed 10 feet (3.048 m).

Are there any organisations that are exempted from applying for a Caravan Site Licence?
Yes, the following organisations do not require to apply for a caravan site licence: The Caravan Club The Camping Club of Great Britain and Ireland The Boy Scouts Association The Girl Guides Association The Motor Caravanners Club Other organisations may be exempted if they hold a certificate of exemption granted by the Secretary of State.

Is there a charge for a Caravan Site Licence?
No, there are no charges for the issuing of caravan site licences.

How long does a Caravan Site Licence last?
The duration of a site licence will be determined by any time restrictions imposed by a planning consent. If an occupier wishes to continue the use of a caravan site at the expiration of any planning permission, the planning permission will need to be renewed before a new caravan site licence can be issued.

What is the relationship between Planning Permission and issuing Caravan Site Licences?
A planning consent and a site licence are separate and distinct from one another. A site licence cannot be issued unless the land concerned has planning permission for use as a caravan site.

Once planning permission for a caravan site licence has been granted, what happens next?
Where planning permission has been granted, the local authority must issue a caravan site licence within two months of the application being made. Where planning permission is given after an application for a caravan site licence has been made, provided all the required information is supplied, the site licence has to be issued within 6 weeks from the date of the planning consent. The applicant and the local authority may though agree longer periods for the issue of a site licence.

What happens when the ownership of a caravan site changes?
The legislation allows for the transfer of a caravan site licence provided that the new licence holder becomes the occupier of the land. Transfer of the licence is by endorsing the licence with the new name and the date of the transfer.

Can the conditions attached to a licence be changed after the licence has been issued?
The conditions attached to a site licence may be varied, supplemented or replaced at any time provided the licence holder has been consulted and has had adequate opportunity to make representations. The local authority must consult with the fire authority concerning any changes to conditions relating to fire precautions.

In what situations does the Health and Safety at Work etc. Act 1974 apply with regards to caravan sites?
Section 3 of the Act places a general duty on site operators to conduct their undertaking in such a way as to ensure, so far as is reasonably practicable, that both residents and the public at large are not exposed to risks to their health and safety. There is a relationship between the Caravan Sites and Control of Development Act 1960 and the Health and Safety at Work etc. Act 1974 and therefore any action taken needs to be carefully considered by the Council in terms of which legislation is to be used.

In what situations does the Public Health Act 1936 apply to caravan sites?
Section 268 (1) of the Public Health Act 1936 applies the general nuisance provisions of Part III of the Environmental Protection Act 1990 to tents, vans, sheds and similar moveable structures used for human habitation. It also applies sections 83-85 of the 1936 Act concerning filthy or verminous premises provisions to caravans. In terms of Statutory Nuisance in relation to caravans, the following applies: Any caravan in such a state or so overcrowded as to be prejudicial to the health of the inmates; and, Any caravan the use of which, because the lack of proper sanitary accommodation, or for any other reason, causes conditions prejudicial to health, whether on site or any other land. Where a statutory nuisance exists, the action should be taken against the occupier of the land, i.e. the site owner. The occupier of the land has a defence in that he did not authorise the caravan to be placed there.

In what situations does the Mobile Homes Act 1983 apply to Caravan Sites?
The Mobile Homes Act 1983 is primarily concerned with the protection of security of tenure of residents on a caravan site. This legislation is not enforced by Environmental Services and any issues relating to this legislation should in the first instance be referred to the Housing Department. A guide has been produced by the ODPM on the Mobile Homes Act 1983 and this document provides useful information on the legislation.

How do I find out information about the Caravan Site Licence that has been issued?
All site licences applying to sites where more than three mobile homes may be stationed are required to display a copy of the site licence (and conditions attached) in a conspicuous place. Every local authority must keep a register of the site licences issued in its area and the register must be available for inspection during normal office hours. Enquires regarding the public register should be made via e-mail to regulatory@fareham.gov.uk or telephone us on 01329 236100.

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Fareham Borough Council, Civic Offices, Civic Way, Hampshire, PO16 7AZ

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