Gypsies & Travellers
Gypsies and Travellers are protected from discrimination by the Race Relations Act 1976 and the Human Rights Act 1998, together with all ethnic groups who have a particular culture, language or values.
Everyone has rights, including Gypsies/Travellers and people on whose land unauthorised camping takes place.
The aim of this information is to set out how the Council and other official agencies will work to try to balance the rights of all those involved.
Why do Gypsies/Travellers pursue a travelling lifestyle?
Their way of life means that they travel the country staying for various periods of time in different locations, in order to earn a living. This has been their way of life for many generations.
Does the Council have a duty to move Gypsies/Travellers when they are camped without the landowner's permission?
No. If Gypsies/Travellers are camped on Council land, the Council can take action to evict them. If they are on 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?
Talk to them to see if a leaving date can be agreed or 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 the Planning Acts and the Acts dealing with the licensing of caravan sites. You may wish to seek further advice from the Council's Environmental Health section, who deal with such matters.
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 may take actions against the landowner to require removal of the illegal encampment.
I have seen Gypsies/Travellers camping on the side of the road and sometimes on 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.
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;
- 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.
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. Trespass on land by itself is not a criminal offence. Prevention of Trespass 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 more information regarding this service, please contact us at:
Private Sector Housing Team
Winchester City Council
Tel: 01962 840222