Gypsies and Travellers - reporting a problem
A Gypsy or Traveller life is not illegal in this country. Gypsies and travellers have lived and travelled in this country for at least 500 years. Most now live in bricks and mortar housing and the majority of those living in caravans are on authorised public or private sites. However, some traveller caravans are on unauthorised sites.
Gypsy and Traveller Services
The Gypsy and Traveller Service, run by Oxfordshire County Council, deals with:
- unauthorised encampments
- manages the county council owned permanent sites
- conducts consultation and negotiations between the Traveller community and the settled community
- acts as agent for the five district councils and can act on behalf of private landlords
To report an unauthorised site or problem with a settled community:
You can be kept up to date with the progress of a problem, or if you prefer, you can remain anonymous. Any personal details provided will be treated confidentially.
Common questions about Gypsies and Travellers
I have seen Gypsies/Travellers camping on the side of the road and sometimes in 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
- they must also 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.
Can the Council move Gypsies/Travellers on when they are camped without the landowner's permission?
No. If they are camped on council land, the council can evict them. If it is 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?
Start by talking to them to see if a leaving date can be agreed. If this is unsuccessful they can 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 planning acts and the acts dealing with the licensing of caravan sites.
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.
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. Trespassing on land by itself is not a criminal offence. Prevention of trespassing 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.
For further information contact Oxfordshire Gypsy and Traveller Services:
