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Report an unauthorised Traveller encampment
If you come across an unauthorised encampment, please let our Traveller Liaison Officer know where the Travellers are, how long they have been there and the number of vans that have pulled up onto the land.
There are a number of points we need to establish before deciding what further action to take:
Usually we will take the following actions:
Primarily, the responsibility for moving Travellers rests with the landowner. Government guidelines for dealing with unauthorised encampments states that "Unauthorised camping is not a criminal offence and (the government) has no plans to make it so". Trespass is a civil offence, giving landowners and local authorities the right to possess their property using the due process of law.
If you own the land, you or your solicitor can go to the County Court and obtain an order under Part 55 of the Civil Procedure Rules granting possession of your land. If Travellers refuse to leave the land, the landowner can then obtain a summons to serve on them. The court can subsequently issue an order permitting the landowner to move the Travellers. In exceptional circumstances, for example if there is a substantial risk of public disturbance or of serious harm to people or property, a claim may be issued in the High Court under order 113.
The Criminal Justice and Public Order Act 1994 also gives local authorities powers to make directions to leave land being used by itinerant groups (section 77). If a direction to leave is not complied with we can apply to the Magistrates Court for an order requiring the removal of vehicles and any occupants from the land (section 78). Trespass on land in itself is a civil offence not a criminal offence and prevention of trespass is the responsibility of the landowner not the police.
In certain circumstances a senior police officer has the discretion to order the Travellers to leave and remove any vehicles and other property they may have with them (sections 61 and 62 of the Criminal Justice and Public Order Act 1994 and Anti-Social Behaviour Act 2003)
If they fail to do so they may commit an offence and may be taken to court. The police must be satisfied that the owner or occupier of the site has taken reasonable steps to get them to leave.
If you wish to deter Travellers from accessing your land the following measures may prove effective:
Unless you have already obtained planning consent for a caravan encampment or you are a farmer and they are helping you with temporary seasonal work, then you could be in breach of planning law. Contact the planning team for more information.
The council's Travellers Liaison Officer will be able to help you:
Telephone: 01353 665555
Email: ContactUs@eastcambs.gov.uk
For further information, help and support, please see the following: