Meeting documents

The aim of this item is to look at how the police and local authorities are working together to respond effectively to unauthorised encampments including consistent interpretation of legislation/guidance.

Attendees

Gary Brewer - Oxfordshire & Buckinghamshire Gypsy & Traveller Services 

Paul Hendry – Countryside Manager, West Berkshire

Background report for the Panel

The aim of this item is to look at how the police and local authorities are working together to respond effectively to unauthorised encampments including consistent interpretation of legislation/guidance.

External witnesses included Gary Brewer from Oxfordshire and Buckinghamshire Gypsy and Traveller Services and Paul Hendry, Countryside Manager from West Berkshire Council.

Gary Brewer provided Members with the following background information:-  

·         He managed 13 permanent sites for Bucks/Oxfordshire, Brent and Ealing with 3 site officers. He collected money for rent and utilities. However, he did inform Members that Buckinghamshire had recently made a decision, due to limited resources, to sell their permanent sites and provide their own service.

·         He clarified the difference between unauthorised development and unauthorised encampments.

·         He had a very good relationship with the police force but some areas were better than others in responding to unauthorised encampments and also experienced different issues.

·         Resources had been cut generally in dealing with gypsies and travellers in terms of police and council funding. The Community Law Partnership works with gypsies and travellers on cases taken to court to challenge Councils where they had not applied the correct legislation.

·         The Government’s policies on Gypsy and Traveller accommodation and enforcement are set within a framework of rights and responsibilities in which everyone’s rights must be equally respected but where, at the same time, equal standards of behaviour are expected from all.

·         There could be civil action relating to trespass from the landowner or a crime if there were six or more vehicles on the land, where there has been verbal or physical aggression to the landowner (including family and employees) or where damage has been caused to the land.

·         Where there are more than 20 caravans, it is useful to visit the site with the police and utilise their powers.

·         If an unauthorised encampment is on private land it is primarily the landowner’s responsibility to deal with the eviction. The Council will offer advice on the eviction process if asked by the landowner. Landowners can use common law rights to recover land and may use bailiffs to carry out the eviction.

Paul Hendry provided Members with the following background information:-

·         He had no responsibility for settled communities or traveller sites and the primary focus of his role was to liaise with and evict gypsies and travellers from unauthorised encampments.

·         West Berkshire has not in the past had many problems with unauthorised encampments but there has been a big increase this year. They have developed a close working relationship with the police force and will be re-examining their protocols in this area.

·         It is important to provide good information to the public on when they should call the Council and also when the Council and the police are able to use their powers.

The Vice-Chairman Cllr Mallon referred to the need to ensure that there is a consistent approach to unauthorised encampments across the Thames Valley and that the Police Force are being consistent in their application of the unauthorised encampment policy and the interpretation of legislation which could be achieved through officer training.

The PCC commented that he thought that the legislation in this regard was not as strong as it could be. He referred to a past example where an unauthorised encampment was set up on a bank holiday weekend and travellers were allowed to stay by the landowner for a few days. Unfortunately they left three weeks later leaving hazardous waste behind which was extremely expensive for the landowner to clear.

The Chief Superintendent Andy Boyd, who was responsible for Neighbourhood Policing which included unauthorised encampments, also commented that the legislation could be stronger but they were required to work within that framework. It was a difficult task to be consistent across the Thames Valley because each situation was different – there were different circumstances, different welfare needs and different solutions to each encampment issue which also depended on the impact on the local community. Work with Local Authorities varied as the Police Force had to liaise with Unitary Authorities in Berkshire, Milton Keynes and Oxfordshire and Bucks were jointly managed by Oxfordshire County Council. Collectively the police and local authorities communicate with the local community to clarify what the complaints are in relation to unauthorised encampments to know how best to approach each situation. This had to be balanced with the travelling community particularly if they had young children on the encampment. If a Section 61 notice (Criminal Justice and Public Order Act - can only be used by the police) was served any police action would be dependent on the individual circumstances such as danger to public safety or damage to land and any action would have to be reasonable and proportionate. There would need to be two or more persons trespassing on the land before the power could be used. The Chief Superintendent Andy Boyd commented that he was very happy to work with Authorities across the Thames Valley to work towards a more consistent approach and policy.

Action: Police Force/contacts for Gypsy and Traveller Services in Thames Valley Local Authorities

Cllr Mallon reported that elected Members had a part to play in how each Local Authority took a lead on this area with their officers.

Gary Brewer also referred to Section 62A of the Criminal Justice and Public Order Act which could only be used where an alternative site is available and can only be used by the police. Local Authorities could submit bids for funding to provide transit sites but not all Local Authorities have submitted bids. Chief Superintendent Andy Boyd reported that there did not need to be evidence of damage or abuse for Section 62A to be used and if alternative facilities were available travellers would be asked to move to this site.

Jean Pimley, Enforcement Officer from West Berkshire Council also referred to Section 137 of the Highways Act where it is the duty of the highway authority to protect the rights of the public regarding the use and enjoyment of the highway and to prevent the obstruction of the highway. This allows the authority to seek an injunction in relation to protests on the highway that restrict public use or create an obstruction. Chief Superintendent Andy Boyd reported that where the road was blocked or the pavement was blocked so that pedestrians had to walk on the road then there was a clear case to ask the travellers to move. The Enforcement Officer expressed concern that the public said they were using the 101 police non-emergency number and the police had commented that no crime had been reported through this system. Chief Superintendent Andy Boyd reported that if they had phoned 101 and their concerns could be recorded as a crime then it would generate a recorded crime number, which would include damage and abusive behaviour.

During discussion the following points were noted:-

·         Decisions should be taken by senior level inspectors in the police force on unauthorised encampments. The level of decision making varied across the Thames Valley. Some Local Area Commanders took a tougher stance on unauthorised encampments than others.

·         Cllr Burke referred to the setting up of rough sleeper encampments and what action was being taken to address this issue. Chief Superintendent Andy Boyd reported that this related to people who were homeless for a different number of reasons and the Force had recently undertaken a significant piece of work on this area which included signposting homeless people to appropriate help such as the local housing authority. He would send a copy of this policy to the Scrutiny Officer to circulate to the Panel.

Action: Chief Superintendent

·         Julia Girling asked what the process was if travellers moved a few miles down the road from their previous site. In response it was noted that the Council Officer would have to start the process again as there may be different issues to take account of in relation to that particular site. Panel Members also noted that the return of unauthorised campers and/or their vehicles to the same location within three months carries criminal sanctions. Following a further question it was noted that Local Authorities liaise with neighbouring authorities where possible if they believed that travellers were moving to their area. Gary Brewer reported that when he visited a site he would look over the whole area, noting the details of every vehicle and would pass this information on to neighbouring Councils who he thought may be impacted. The Chief Superintendent reported that travellers were not obliged to tell the police where they were moving to but they do ask the travellers questions to see what information they are able to obtain and they would also inform the relevant Authorities. Cllr Webb reported that these issues were discussed at their Community Safety Partnership meetings and they would also liaise with the Berkshire unitary authorities and other neighbouring Councils.

·         Cllr Sinclair reported that it was difficult to be consistent because of land ownership issues and there was a high threshold to enact Section 61 of the Act e.g land owned by the City Council, County Council, private landowner etc and it therefore was difficult for the public to understand the different approaches that would need to be taken depending on the circumstances. It was important for Authorities to put information on their websites so it was clearer to the public what action could be taken and when.

·         Cllr Sinclair then commented on the approach taken by the Police and Local Authorities when liaising with travellers who had set up unauthorised encampments and that traveller services were at odds with enforcement. Gary Brewer reported that they have a good positive attitude when liaising with travellers and take into account their welfare needs. In terms of the level of response this would depend on each individual situation but they would always try and work with the travellers to resolve the situation. They also worked closely with Council Waste Teams to ensure that the site was cleared once they had left. If any illegal dumping had taken place they would need evidence of this and Council Officers would take photographs of the site as soon as the authorised encampment took place. Officers would take a ‘firm but friendly’ approach.

The Vice Chairman Kieron Mallon commented that the PCC should liaise closely with Local Authorities and Community Safety Partnerships so that the Thames Valley could work together to ensure that a consistent approach was taken where possible.

The PCC referred to the recent suggestion from the Chief Superintendent, that he work with relevant Local Authority contacts across the Thames Valley to ensure that policies for unauthorised encampments were consistent, where possible. This could cover, for example, that any decision making in relation to unauthorised encampments should be undertaken at Local Area Commander level.

Action: Andy Boyd/Gary Brewer/Paul Hendry (in first instance)

RECOMMENDED

That the PCC provides reassurance that the application of the unauthorised encampment policy and the interpretation of legislation are being consistently applied by liaising with Local Area Commanders across the Force and Local Authorities across the Thames Valley.