What happens when an unauthorised encampment is reported to the council?

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(Last Updated On: June 8, 2018)

With news that travellers have set up in a popular Torquay park, there has been much discussion on social media about what happens next, after unauthorised encampment has been report.

So, lets take a look. Within the first few days of the council being informed (Torbay Council are aware of the current situation at Lindisfarne Park) they will take a site visit, this will be to gather information on the group, over the next two weeks, there will be meetings and court hearings.

The process that Torbay Council will follow is as below, this information is as per Torbay Council website: http://www.torbay.gov.uk/gypsiesandtravellers :

Day 1 – Unauthorised encampment starts

Day 1 to 3 – Visit the site

This will be done as soon as possible (dependant on day/time of arrival) by appropriate officers and they will find out how long the groups are hoping to stay and why they are here.

Day 2 to 7 – Assess any legal needs of the travellers

We advises partner agencies of the encampment and requests the attendance of health visitors and where appropriate, the education welfare officers to make an assessment. These partners endeavour to respond within 3 working days of a request, subject to their availability. The outcome of these assessments will subsequently determine the appropriate course of action to be taken by us.

Before taking any action to evict an unauthorised encampment, we have an obligation to carry out welfare assessments of the unauthorised campers. We must consider whether these enquiries have revealed circumstances which warrant further examination or lead to the conclusion that the eviction should be postponed.

Other considerations in managing such an encampment will include one of toleration, relevant case law, the Humans Rights Act and the best interest of the child which are mandated as a primary consideration.

Day 7 – Hold a review meeting

We liaise with agencies including the Police, Health service and other departments who have an interest in the land to determine the most appropriate course of action. This includes the location and nature of the land to which the unauthorised encampment is situated, any impact on the settled community; the needs of those present on site, in particular the presence of any children; any health and welfare needs, the size of the encampment and whether actual anti-social behaviour or criminality has been associated with it.

The Government guidance requires us to exercise some tolerance to such encampments and make decisions based on all available information.

Day 7 to 8 – Apply to the Court

If the decision is made to seek possession of the land, we generally use Part 55 of the Civil Procedure Rules (“proceedings”). In doing so, we obtain a hearing date from the Court and are required to give 48 hours notice to the occupants of the land between service of proceedings and the Court hearing date.

Where there are threats of assault, actual damage or associated anti-social behaviour by those occupying the land, or the land occupied is of a particularly sensitive nature, it may be possible for us to ask the Court to use their general powers of case management and shorten the required 48 hour required notice period. Where this is appropriate, we could obtain possession of the land on the same date that the proceedings are issued. However, it is important to note that this does not generally reduce the time period significantly.

If we fail to follow its statutory and procedural obligations, this may result in an application being refused and delay any subsequent possession being granted.

Day 10 to 11 – Attend the Court hearing

We will obtain the Possession Order and serve on the Unauthorised Encampment.

Day 11 to 12 – Encampment remains

If the unauthorised encampment remains we will return to Court to issue a Warrant of Possession.

Day 14 – Enforcement

Where a possession order has been granted and the unauthorised encampment refuses to vacate the land, the Council will seek enforcement of that Court order using County Court Bailiffs.

[Information from http://www.torbay.gov.uk/gypsiesandtravellers]

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