Unauthorised Traveller Sites
- Traveller encampments – how is the Council involved?
- Is unauthorised camping a criminal offence?
- Who is responsible for evicting unauthorised travellers?
- What is the process for evicting unauthorised travellers?
- Will travellers always be automatically evicted from unauthorised sites?
- Who pays to clear up after the illegal encampment has left?
- How can I report an unauthorised traveller site?
Traveller encampments – how is the Council involved?
The Council is only directly involved if it owns the land, although council officers are called upon frequently to advise private landowners. In most cases, it is the landowner's responsibility to evict travellers.
Is unauthorised camping a criminal offence?
No, but it is a civil offence.
Acts of vandalism, such as fence cutting, are a criminal offence. The police may consider taking action against an individual if there is clear evidence linking them to the forced entry.
Who is responsible for evicting unauthorised travellers?
In most circumstances, it is the landowner. A landowner, or an agent acting on their behalf, can get an eviction order through the civil courts requiring the removal of any trespassers from the land.The Council cannot act on behalf of private landowners in civil proceedings.
The Council works closely with the landowner and Thames Valley Police to ensure a coordinated approach to dealing with illegal encampments.
Under the Criminal Justice and Public Order Act 1994 the Council can seek a court order to remove unauthorised travellers from its own land. The police also have powers under this act to evict unauthorised campers from any land if they have caused damage to property, used threatening behaviour or have six or more vehicles on the land. The use of these powers is however restricted by other legal provisions such as the Race Relations Act and the Human Rights legislation
What is the process for evicting unauthorised travellers?
Landowners who want to evict unauthorised campers have to comply with the law. Typically, the process for eviction through civil courts is as follows:
- The landowner informs the travellers that they must move and of his/her intention to seek a court order if they refuse.
- The landowner applies for a court hearing date.
- Travellers are given a minimum two days' notice of the hearing date.
- The landowner obtains an eviction order from the court - these orders are usually served on the travellers on the same day and eviction normally takes place within a few days.
On average the process takes seven to ten days given that civil courts are usually closed at weekends and bank holidays.
Will travellers always be automatically evicted from unauthorised sites?
Government guidance states that if travellers on a site are causing 'little or no nuisance' illegal encampments should be tolerated for a few days. The Council also has a duty to establish if travellers on its land have special medical needs and to offer school places to children.
In dealing with unauthorised encampments, the Council recognises the rights of travellers, for example under the Human Rights Act and the Race Relations legislation. Council officers will seek to ensure that their actions are proportionate and balance the needs of travellers with the needs of the settled community.
Who pays to clear up after the illegal encampment has left?
If fly-tipping and fouling of the land has occurred and remains after the travellers have left it will be landowner's responsibility to arrange and pay for the clean up. The Council urges local landowners to take steps to protect their land from unlawful trespass and thereby so avoid huge clear-up costs.
How can I report an unauthorised traveller site?
Use our online form to report an unauthorised traveller site.
The form takes about 5 minutes to complete online and you can monitor your progress using the progress bar at the bottom of the screen.
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