Guidance on Managing Unauthorised Camping 2013 Digital ISBN 978 1 4734 0683 4 © Crown copyright 2013 WG20092 Contents Flowchart – Which part of this guidance applies to the encampment I wish to resolve?..........................1 Section 1 – Introduction ...........................................2 Section 2 – Understanding Unauthorised Encampments and possible remedies .....................7 Section 3 – Legislation ...........................................13 Section 4 – Roles and Responsibilities..................19 Section 5 – Step-by-Step Guide to Resolving Unauthorised Encampments..................................21 Section 6 – Communicating Decisions...................34 Section 7 – Local Strategies ..................................35 Section 8 – Evaluation of the Guidance.................38 Annex 1 – Negotiated Code of Conduct................39 Annex 2 – Initial Encampment Assessment...........41 Annex 3 – Welfare Assessment. ............................44 Annex 4 – Potential Legal Powers. ........................50 Glossary .................................................................51 Which part of this guidance applies to the encampment I wish to resolve? Who owns / manages the occupied land? Private Public Local Other authority public body Go to paragraphs 84-85 The entirety of Guidance should and Annex 4 for this guidance is be relevant, guidance relevant particularly paragraphs 81-83. The process of responding to unauthorised camping may alter dependent upon who owns the occupied land. Public authorities have additional responsibilities which do not apply to private landowners. For more guidance on this matter, please go to the relevant page number suggested above. A summary of potential legal powers available to all landowners is available at Annex 4. 1 Welsh Government Guidance on Managing Unauthorised Camping Section 1 – Introduction 1. Unauthorised encampments can be the source of community tensions and require sensitive handling as public authorities attempt to find a balance between the rights of campers and local residents. 2. An unauthorised encampment is an encampment of caravans and/or vehicles on land without the landowner’s or occupier’s consent and therefore constituting trespass. 3. Unauthorised camping does not relate to cases where land has been bought and occupied, without the appropriate planning permission. That is known as unauthorised development. These types of development will not be included in this Guidance. 4. An unauthorised encampment and its unauthorised campers, can be any group of individuals or vehicles trespassing on land. However this Guidance is aimed at addressing the specific issues around the unauthorised encampments of Gypsies and Travellers. 5. ‘Gypsies and Travellers’ is a generic term used to define a number of people who subscribe to the Gypsy or Traveller way of life, as well as to certain cultural and moral beliefs. This Guidance uses the following definition of Gypsies and Travellers: Persons with a cultural tradition of nomadism or of living in a caravan; and all other persons of a nomadic habit of life, whatever their race or origin, including – (¡) such persons who, on grounds only of their own or their family’s or dependant’s educational or health needs or old age, have ceased to travel temporarily or permanently; and (¡¡) members of an organised group of travelling show people or circus people (whether or not travelling together as such)1 Therefore, this Guidance may include: Romani Gypsies. Irish Travellers. Scottish or Welsh Gypsy / Travellers. European Roma2. 1 Housing (Assessment of Accommodation Needs) (Meaning of Gypsies and Travellers) (Wales) Regulations 2007. 2 ‘New’ Travellers. Show-people. 6. All of these groups are associated with the travelling way of life and can share some common beliefs and practices, but each group will have distinctive languages, traditions and ethnicity. 7. The Equality Act 2010 prohibits discrimination on the grounds of race which includes colour, nationality and ethnic or national origins. Case law has established that both Romany Gypsies and Irish Travellers are recognised racial groups for the purposes of the Race Relations Act 1976. These groups continue to be recognised racial groups for the purposes of the Equality Act 2010. The Picture in Wales 8. Gypsies and Travellers are indigenous to Wales. In 2006, the Welsh Government commissioned a report called, “Accommodation Needs of Gypsy-Travellers in Wales” (Niner, 2006), which estimated there were around 2,000 Gypsies and Travellers resident in Wales. However in 2009 a desk-based exercise conducted by the Welsh Government estimated that there were 4,000 Gypsies and Traveller living in Wales either on permanent sites, in transit or living in ‘bricks and mortar’ accommodation. 9. The Census 2011 included a new ethnic category for ‘Gypsy or Irish Traveller’ but the data suggested a total of just 2,785 Gypsies and Irish Travellers in Wales. Given that we know about this reluctance to disclose ethnicity, and having undertaken an informal exercise by Welsh Government officials to ask if the census 2011 had been completed by those living on sites, we recognise that this number may be an under- estimate. 10. Due to the nature of a transitory population and the reluctance to disclose ethnicity, it is difficult to obtain more accurate figures. However, it is clear that there are more Gypsies and Travellers and caravans than there are permanent sites or authorised places to stop. At the time of publication, there were no authorised Temporary Stopping Places or Transit Sites in Wales. The distinction between these types of site can be found in the glossary at the end of this guidance. 11. Figures from the Welsh Government Caravan Count suggest that the proportion of Gypsy and Traveller caravans stationed on unauthorised encampments varies between 14-23% of the total. In July 2013, the proportion was estimated as 17%, accounting for 169 caravans in total. 2 The term “Roma” used by the Welsh Government refers to Roma, Sinti, Kale and related groups in Europe, including the Eastern groups (Dom and Lom). 3 Percentage of caravans on unauthorised sites, Gypsy and Traveller caravan count 2006-2012 25% January July 20% 15% 10% 5% 0% 2006-2008 2007-2009 2008-2010 2009-2011 2010-2012 12. The Caravan Count figures are likely to underestimate the true amount of caravans on unauthorised encampments as not all encampments will be known to the local authority undertaking the survey. A report into the English Caravan Count system (Niner, Counting Gypsies and Travellers: A Review of the Gypsy Caravan Count System, for the Office of the Deputy Prime Minister, 2004), highlighted reasons why this data isn’t always an accurate reflection of the Gypsy and Traveller population. 13. In Wales unauthorised encampments tend to occur along the main transport routes which traditionally provided opportunities for work as well as access to the main ports for Ireland. The main routes are found along the M4 corridor as the main route from east to west in the south of Wales, the A470 as the main route from north to south Wales and along the A55 as the link from east to west in the north of Wales. However, encampments are found throughout Wales, often nowhere near these busy routes. 14. As a reflection of these routes some local authorities in Wales are more at risk of unauthorised encampments than others. However all local authorities are likely to experience some unauthorised encampments and should have policies and procedures in place to ensure that they are dealt with in a way that is effective, safe and humane to all parties involved. To facilitate this, the Welsh Government has developed this Guidance to assist local authorities to develop their own policies. 15. Gypsies and Travellers will often travel to visit cultural shows or fairs. The most high-profile Welsh show is the Royal Welsh Show in Llanelwedd, Powys. Historically, a large unauthorised encampment of Romani Gypsies and Irish Travellers will gather for the duration of the show. In recent years, Powys County Council has provided temporary planning permission for the encampment. 4 16. The Welsh Government committed to revising its Managing Unauthorised Camping Guidance within the UK’s first Gypsy and Traveller strategy, Travelling to a Better Future: A Gypsy and Traveller Framework for Action and Delivery Plan. The Welsh Government also committed to create a generic protocol which local authorities could adapt to their specific area. 17. The Guidance aligns with the Welsh Government’s Strategic Equality Plan by ensuring that Gypsy and Traveller communities are provided with the information and support they need to exercise their rights. The Welsh Government is committed to equality of opportunity for all, to allow people from different backgrounds to live harmoniously together. Who is this Guidance for? 18. This Guidance is aimed at anyone regularly dealing with unauthorised encampments of Gypsies and Travellers, primarily local authorities in Wales. 19. However the Guidance may also be of use by other land owners including other public authorities, such as National Park Authorities or Health Boards, as well as those attending unauthorised sites and assisting local authorities in their duties, for example health visitors, Traveller Education Services (TES) and police forces. 20. The Association of Chief Police Officers (ACPO) has issued its own “Guidance on Unauthorised Encampments” (June 2011), which is designed specifically for members