We always work with local police when managing unauthorised encampments. If there is evidence of criminal damage or any other criminal behaviour on a site, then the police will take action. If you have concerns about a crime being committed or serious anti-social behaviour then please contact the police to make sure the matter is logged. 

We have no evidence that crime and disorder within an area increases when Gypsies and Travellers are camped nearby.

This will depend upon the circumstances of each individual case. We will need to take account of all of the issues outlined above as well as how soon we can get a court hearing date. Generally it will take around 2 working weeks to go through the process.

This is generally not true. Sometimes groups of travellers move off quickly of their own accord. 

As detailed above, it is possible for an authority to ask the Court to use its general powers of case management.

There are a range of legal options available to us, but generally these are not appropriate for the types of unauthroised encampments experienced in Torbay.

Use of Pre-emptive injunctions

We have sought Counsel’s advice on whether the power of applying for a pre-emptive injunction would be applicable to unauthorised encampments.  This is only appropriate if known individuals are present in the encampment and their presence is known is advance.  A Pre-emptive Injunction can only really be used where the defendant is in situ and deliberately or flagrantly flouting the law before an injunction will be granted.  A Court is unlikely to make an order for a pre-emptive injunction where the land is not currently occupied, as this is a discretionary remedy, without the persons directly affected by the order having an opportunity to object.

It is our opinion that a pre-emptive injunction is not cost effective, as the injunction would only be drawn to the attention of an unauthorised encampment once they are in situ. Once on Council owned land, we must comply with its obligations, as outlined above.

If we were mindful to make such an application and it was not defended, the cost estimate in doing so is about £5,000. If however, the matter became fully contested then we estimate the costs to each party to be in the region of £20,000, if not more.

Therefore applying for a permanent injunction would not put us in any materially better position than it is at the moment and would not be a proportionate use of our resources.

Enforcement of Existing Byelaws on Churston Common

Torbay has Byelaws in place which prohibit overnight camping and the parking of vehicles onsome open spaces in Torbay.  Whilst this may appear to be a solution to remove unauthorised encampments, there are a number of considerations before this power can be utilised:

1. Our current Byelaw in this regard came in to force before the Human Rights Act. Therefore our obligations to carry out health and welfare checks would still need to be undertaken.  This process would take between 3 and 5 days, as detailed above.
2. To enforce such a Byelaw, we would need to employ security staff, bailiffs, towing equipment etc, and have the Police present to prevent a breach of the peace. Dependant on availability, the cost of this would likely be prohibitive and will not be a swift process to arrange.  It is likely to result in public disorder and traffic congestion whilst caravans were towed onto the adjacent highway.  Even if this was effective, there is nothing to stop the aggrieved encampment moving back on to the same site or to another location within Torbay, where further procedures would have to be invoked.

Public Spaces Protection Order (PSPO)

The use of a PSPO is a discretionary power we have. The purpose of a PSPO is to remedy actual anti-social behaviour or prevent recurrence but should not be used to restrict access to land. General unauthorised encampments do not result in anti-social behavior occurring or being reported. Where such occurrences do arise, these are dealt with by the Police or the local authority. A PSPO cannot be used to restrict access to an area by a minority group who are identified as having defined characteristics under equalities legislation eg are part of the gypsy or travelling community.

Assuming a PSPO was put in place, a breach of the PSPO would not result in the removal of that encampment.  Instead enforcement of the PSPO would be by way of a Penalty Notice or prosecution through the Magistrates’ Court where the Court is likely to impose a fine.  The unauthorised encampment would however remain in situ.

As landowner, we will consider each case of an unauthorised encampment on its own merits. In doing so, it will have regard to the settled community, government guidance on managing such encampmants, relevant case law, the Human Rights Act and the best interest of the child as mandated as a primary consideration (please note that this list is not exhaustive).

In the absence of a transit or permanent site in Torbay, we will ensure that a prompt assessment of the encampment is made with relevant partner agencies.  However, it must be noted that an unauthorised encampment is not a criminal offence and any action to remove such an encampment is not a statutory duty.

Any action taken by us in this regard will be based on necessity, proportionality and prioritised against other mandatory demands for service.

Section 77 is part of the Criminal Justice and Public Order Act (CJPOA)  that gives local authorities the power to direct individuals to remove their vehicles and belongings and to leave highway land, or any land occupied without the consent of the landowner, whether owned by the local authority itself or by any other public or private landowner.