Report an unauthorised encampment

If the encampment is on public open space in the Somerset Council area, then please report it to the Council by phoning 0300 123 2224 or you can report an encampment online.

No, the Council must:

• Show that the occupiers are on land or public roadways without licence or consent
• Make enquiries regarding the general health, welfare and children’s education
• Ensure that the Human Rights Act 1998 and Equalities Act 2010 have been fully complied with
• Follow procedure in terms of demonstrating ownership of the land, details of the illegal encampment, service of notices and summonses that will enable them to successfully obtain the necessary authority from the courts to order the unauthorised occupiers to leave the site.

The Government has issued a summary guide to the powers available for ‘Dealing with illegal and unauthorised encampments‘

Unauthorised camping is not a criminal offence. Generally trespass is therefore a civil offence, giving landowners and local authorities the right to repossess their property using the due process of law.

The Council will work to find the balance between meeting the needs of those setting up an unauthorised encampment and the needs of those impacted by it, during any period to seek possession of our land.

No. It is illegal to stop entry or exit following initial occupation, however measures can be put in place to prevent future access. Trespass on land or residing on a public roadway is not automatically a criminal offence. If an encampment has been set up without permission, the council and/or police must follow the legislation and guidelines and seek eviction through the Courts if necessary.

This will depend on the circumstances of each case. The council will need to take account of the issues outlined above including the welfare needs of the occupants.

The Council endeavours to operate a balanced approach as suggested by case law and government guidelines. Whenever an unauthorised encampment occurs, a Council Officer visits and makes an assessment of the situation. Where it is in a location away from properties and public amenity use, and not causing any nuisance or obstruction, a decision is more likely to be made to leave the travellers in place for an agreed tolerance period, as there is no point in evicting from one site to a worse one. It is in everyone’s interest to agree a leaving date with the travellers, as they get a period of stability and this avoids the costs of eviction, which can escalate considerably, particularly if bailiffs need to be appointed.

If and when we decide to take legal action there are still procedures to be followed. The Courts require public bodies like local councils (but not private landowners) to take account of considerations of common humanity, so we must attempt to carry out needs and welfare audits to discover if any signposting to support agencies are deemed appropriate or necessary. These allowances should be made before we proceed to put our case together to apply for a court date. Assuming that we are granted an Order, this is served on the occupiers and if they fail to leave we can enforce the Order. It is impossible to put a time to this process but it is not an instant remedy.

Yes. If there is an unavoidable reason for the occupiers to stay on the site or if the court believes that the council has failed to make adequate enquiries regarding the general health and welfare of the occupiers. The council must make best endeavours to find out this information before going to court.

If unauthorised occupiers enter private land, it is usually the landowner’s responsibility to take the necessary action to evict them. The Council is under no duty to move the occupants on from private land. But, if there are particular issues which either the Council or the police determine are likely to be significant in terms of public safety or significant detriment to the wider community, then the police may intervene.

The landowner can attempt to agree a leaving date with the occupants or take their own proceedings such as Common Law through the County Court under the Civil Procedure Rules 1998 Part 55 to obtain a Court Order for their eviction. The Council has created guidance for parish Councils and other private landowners here: Private landowners advice

If the landowner fails to take action to remove the unauthorised encampment, the Council may also consider planning enforcement powers available. An assessment may result in either inviting a planning application or the service of an enforcement notice.

The duty of the police is to preserve the peace and prevent crime. The police will visit the site and in certain circumstances may use powers under Section 61 of the Criminal Justice and Public Order Act 1994 (as amended) if they consider the occupants are trespassing on the land, particularly if evidence suggests aggravated trespass. These powers will only be used in situations of serious criminality or public disorder not capable of being addressed by normal criminal or civil legislation and in which the occupation of the land is a relevant factor. It is for the police to decide if Section 61 is to be utilised subject to any discussions with the landowner and Council. The police are bound by the Human Rights Act and Equalities Act and may be constrained to avoid using their powers in circumstances where it would preclude welfare considerations from being applied by the courts.

Breaking in and damaging property are separate offences to trespass. Prevention of trespass and the removal of trespassers are the responsibility of the landowner and not the police. If the police were able to attribute any damage to one or more individuals, those persons could be prosecuted through the courts but their punishment would not be eviction of the whole encampment. This is because British Law only punishes the wrongdoer, not their family, friends, or the whole community. Also, under Human Rights legislation, punishment must be proportionate. So while a person could be fined or imprisoned for criminal damage, it would not be reasonable to impound their home, prevent their legal employment or disrupt the education of their children.

Breaking in and damaging property are criminal offences which are investigated by the police. They will be subject to sufficient evidence and witness statements. Witnesses would be required to make a statement to the Courts confirming that they can identify the person(s) who caused the damage. If you see any criminal activity being carried out by any member of the public, please report it to the police by phoning 101.

We expect any occupiers who set up unauthorised encampments to behave in such a way akin to other members of the settled community living in bricks and mortar. That is to say there is an expectation of being respectful to others and the environment and therefore acting not to create significant adverse effects affecting the quality of life of existing residents and others in the community. Equally there is an expectation that existing residents are tolerant and respectful of the travelling community.

The Council will (when officers visit) offer advice to encampments and consider enforcement steps, where evidence indicates that advice on expected behaviours is not being followed.

We will investigate any alleged nuisance and ask occupiers to be more considerate of local residents and this is usually effective. Reports of noise or other nuisance will be investigated by staff within the Council’s Regulation and Operational Services and if appropriate, any evidence of significant adverse effects on the local community may lead to enforcement action which in itself may influence the procedural journey to eviction.

We will visit unauthorised encampments on Council managed land and public roadways. We provide practical advice to ensure that every effort is made to try to keep the site tidy and may use additional powers by virtue of Anti-social Behaviour legislation to deter behaviours which would result in adverse effects. The level of maintaining tidiness of a site may be one factor which affects how quickly we proceed to Court to get an Order seeking eviction.

The cost of clearing up a site can be quite considerable when large amounts of waste material are left behind. Equally there is a cost for providing bins and toilets. Whilst such provision can reduce any adverse impact on the surrounding environment, a decision for such provision acknowledges a tolerance to the encampment as the given location. Decisions as to whether any provision is made would therefore consider the capital outlay being mindful of the ongoing cost depending on the period of stay. A decision is therefore taken on a case by case basis depending on the circumstances. Private landowners are responsible for the removal of waste from their land.

Encampments in car parks are ‘unauthorised’, and the legal process for eviction is entirely separate from the normal enforcement of car parking terms and conditions. Enforcement of car parking terms and conditions is difficult to apply in the case of transient vehicle or caravan dwellers. In such circumstances, chasing an unenforceable fine adds unnecessary costs. The most effective remedy is to seek possession through the Courts.