Unauthorised-Encampment-Policy-Adopted-11-09-2023-1

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CHARD
TOWN COUNCIL

Unauthorised Encampment
Policy and Procedure

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POLICY/DOCUMENT UPDATE TIMELINE

Policy/Document
Number

Version

Owner

V1

CTC

Excel
File
No.

Date
Published
Sept
2023

Review Review
Due
Team
Sept
2025

Distribution:
Internal: All CTC Staff
External: Website / Councillors / Partners
Approved: Full Council –11 September 2023

Chard Town Council Unauthorised Encampment Policy and Procedure
Version: July 2023
Adopted by Full Council 11 September 2023

TC

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Unauthorised Encampment Policy and Procedure
1. Introduction
The purpose of this document is to provide a policy to guide Officers and
Councillors in deciding how to deal with unauthorised encampments.
This policy is also intended to explain to other interested parties the Council’s
position in relation to unauthorised encampments.
In the event of an unauthorised encampment on Town Council land this Policy
will ensure that the Town Council deals with unauthorised encampments in a
fair, proportionate, and consistent manner and follows a set legal process.
When trespassers move onto a piece of land they do not own, without the
permission of the landowner, this is called an illegal/unauthorised
encampment. Illegal encampments can be unsightly, unhygienic and
potentiality cost the Council large sums of money to evict and clean up after
the trespassers leave.
This is a civil matter of trespass between the landowner and the trespassers,
and it is the responsibility of the landowner to deal with the encampment. If
the land is leased, in most cases it is the person leasing the area that is
responsible for dealing with the encampment dependent on the agreement
with the landlord.
If the land is privately owned by a company or individual, advice can be taken
from a solicitor about obtaining a Possession Order through the County Court.
However, a faster and more common way is to evict trespassers using
common law by calling in a bailiff. Sometimes trespassers behaviour can
cause a nuisance or fear and intimidation to people living near to an
encampment. Incidents of this nature should be reported to the Police.
For an unauthorised encampment on private land, it is exceedingly difficult for
the Town Council to intervene if the encampment is on land not owned by
them. The Town Council does not have the legal power to instruct bailiffs or
apply for a Possession Order through the County Court when they are not the
landowner.
In the event of an unauthorised encampments on private land, the following
procedure should be initiated:
• Town Councillors and Council Staff should not approach the encampment.
• The Town Council should inform the landowner (if known) that they have an
encampment and inform the Police and Local Authority.
• Ask the landowner to keep the Town Council informed of progress.
• Securing any Town Council property/land that may be used as alternative
sites in preparation for the encampment being moved.
Chard Town Council Unauthorised Encampment Policy and Procedure
Version: July 2023
Adopted by Full Council 11 September 2023

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2. The Law
2.1 The Human Rights Act 1998
This Act is described as "An Act to give further effect to rights and freedoms
guaranteed under the European Convention on Human Rights." Wherever the
Human Rights Act 1998 (which in essence requires any public body to carry
out its functions so as to accord with the Convention) applies to a situation
which involves an unauthorised encampment, the relevant public authority
when dealing with the encampment must comply with the Act.
In considering action to recover land, local authorities may need to take a
balanced approach and also ensure that they have given consideration to the
health, education, and housing needs of the trespassers. Proportionality will
be considered to ensure that there is a balance between the needs of the
settled community and the trespassers
2.2 The Race Relations Act 1975 and the Race Relations (Amendment)
Act 2000
Under the Race Relations Act, it is unlawful to discriminate against anyone on
the grounds of race, colour, nationality (including citizenship), or ethnic or
national origin. All racial groups, including gypsies and travellers, are
protected from discrimination. The Race Relations (Amendment) Act 2000
placed both a general and specific duty on public authorities bound
by the Act.
Under the general duty the requirement is to:
• Eliminate unlawful racial discrimination.
• Promote equality of opportunity.
• Promote good relations between persons of different racial groups.

2.3 Other Equalities Legislation
More recently, legislation has come into force covering age, gender, disability,
religious belief, and sexual orientation. Many public authorities are producing
a corporate equality plan outlining what they plan to do to ensure equality,
diversity and equity in employment and service delivery.
2.4 Statutory Responsibilities
Local authorities have statutory duties in so far as provision of education,
housing and social services is concerned. Gypsies and travelers, like the
settled community, have a right to access health provision.

Chard Town Council - Unauthorised Encampment Policy and Procedure
Version: July 2023
Adopted by Full Council 11 September 2023

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Health Services have a Duty of Care towards gypsies and travellers. The
priorities when visiting an encampment are to assess the health needs of
gypsies and travellers and to provide access to such services as are
appropriate and are required.
2.5 Confidentiality
In dealing with unauthorised encampments, all personal information will be
treated as confidential between agencies, in line with normal working
practices and procedures. However, it must be remembered that occasionally
the public interest and the statutory duties of agencies can override the duty
of confidentiality.
In the operation of this guidance, information may be shared between
responsible authorities. In addition, information communicated to public
authorities may be disclosed to the public under the Freedom of Information
Act 2000.
At no time should agencies, employees or members of the gypsy and traveller
community be offered anonymity for information they wish to share with the
agency, where this cannot be provided in law.
3. Policy and Procedure
Responsibility for making and implementing decisions in respect of
unauthorised encampments is delegated to the Town Clerk in consultation
with the Mayor of the Town Council. In the event of either of these not
being contactable advise the Operations Manager and/or the Deputy Mayor of
the Council. If in turn they are not contactable advise other Councillors until
three can be found to authorise further action
The Council will, in dealing with unauthorised encampments, act, at all times,
in a fair and humane fashion with regard government guidelines for dealing
with trespassers. The Council will consider the balance between the rights
and needs of the trespassers in deciding whether or not unauthorised
encampments can be tolerated for a period of time and when and how to
instigate procedures to evict.
Instigating procedures to evict will be taken if the Town Clerk feels that this
course of action is necessary. Individual consideration will be taken on each
case and special circumstances will also be taken into account. Any decision
will balance the needs of trespassers with the impact on Council services and
undue nuisance to neighbours and members of the public, including damage
to land and property.
Such circumstances being taken into account will also include the Human
Rights Act 1998 and any other good practice guidance from Central
Government such as the ‘Guide to effective use of enforcement powers’

Chard Town Council - Unauthorised Encampment Policy and Procedure
Version: July 2023
Adopted by Full Council 11 September 2023

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published by the Department for Communities and Local Government
(DCLG).
Formal repossession procedures will normally be undertaken where
encampments occupy land owned by the Council and the Town Clerk is of the
opinion that the encampment cannot continue because of one or more of the
following factors:
• It creates a hazard in health and safety terms for other users;
• It creates an intolerable nuisance to the general public;
• It creates an intolerable impact on the enjoyment, use or habitation of
adjoining or nearby property or interferes with the effective management of
that property;
• It causes damage or likely to cause damage to the land/property or
prejudices the use by the Council’s members, officers, staff, tenants,
occupants, or the general public; and/or
• It is too large for the location and is causing an unacceptable impact on the
immediate environment.
• Consideration will also be given to the likely cost the council may incur in
dealing with returning groups using their previous history on other Town
Council owned sites.
3.1 Chard Town Council has implemented the following procedures:
•

Reports of an unauthorised encampment should be acted on as quickly as
possible, and information should be passed on for consultation as rapidly
as possible.

•

Identify who the owner of the land is and gain evidence of ownership.
Then arrange for a visit to the site to be undertaken to establish the exact
location and number of occupants on the land. Establish if the land is
owned by Chard Town Council and gain proof e.g. a map showing the
area and the deeds.

•

If the owners of the land are the Unitary Council, then report it
immediately, with details of the location and the number of occupants.

•

Initial details of the encampment need to be reported to the Unitary
Council, Police, NHS, and Environment Agency.

•

Report the encampment to the Police immediately and request they ask
the occupiers to leave in the first instance. It is possible that the Police
could move the trespassers on immediately under Section 61 of the
Criminal Justice and Public Order Act 1994 if the trespassers are using
threatening behaviour, causing damage or have 6 or more vehicles. If the

Chard Town Council - Unauthorised Encampment Policy and Procedure
Version: July 2023
Adopted by Full Council 11 September 2023

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Police take no action or cannot move the trespassers, then the Council will
take immediate action to evict the trespassers as soon as possible.
•

A representative of the Council either the Clerk, Deputy Clerk or
Operations Manager, or if these are unavailable at least one of three
Councillors in agreement, will contact a legal representative (bailiff) and
place instructions for notice to be served for immediate eviction.

•

The legal representative (bailiff) will require details of the number of
vehicles/persons, location, and contact details for an authorising
representative of the Council, via whom they can maintain contact and
monitor the situation.

•

The Council will ask the legal representative (bailiff) for a blanket notice to
cover all Council owned land in Chard. This will save time and costs if
they move from one piece of Council land to another, as the legal process
will have already started for the eviction.

•

It is likely the legal representative (bailiff) will e-mail their Terms and
Conditions to the authorising representative. This document needs to be
completed and emailed back by return without delay for the process to
continue.

•

Following receipt of the signed Terms and Conditions, the legal
representative (bailiff) will prepare Notices for Service on the trespassers,
advising them of the deadline by which they should move and warning
them that they will be evicted if they fail to do so. For a small number of
caravans (less than 3) eviction will usually take place within 24 hours, for a
larger number of caravans the eviction will usually take place within 48
hours.

•

The Notices will be served on the trespassers by the legal representatives’
(bailiff) staff on the day of the eviction or at an appropriate number of
hours before the deadline.

•

It is likely that the legal representative will require at least one Police
officer to be present at the time of the Notice is being served and at the
time of the eviction. Actual Police numbers required at the eviction will
depend on the scale of the occupation. Liaison between the legal
representative (bailiff), the Council and the Police is essential.

•

Once the time of the eviction is known, the following should be considered:
• Cleaning of the site.
• Securing other Council property that may be used as alternative sites if
a blanket order has not been given for all Council land.
• Clerk, Councillors, in conjunction with the Police to notify local
organisations or individuals of the eviction, in time to enable them to
secure other likely target sites. This information can be added to the
website and Facebook Page to get the message out quickly.

Chard Town Council - Unauthorised Encampment Policy and Procedure
Version: July 2023
Adopted by Full Council 11 September 2023

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•
•
•

•
•

In conjunction with the Police, consider traffic and pedestrian
management in the surrounding area if necessary.
There may be a need to close a road or control traffic movements
during the eviction period. This will be in liaison with the Police and
Somerset Council if necessary.
Council Staff and Councillors should expect a lot of calls/emails from
concerned residents during any unauthorised encampment in Chard.
Councillors and Council Staff should stay calm and explain to the
public the legal process that has been started and advise members of
the public not to confront the trespassers.
Officers should update the website and Facebook page with progress
reports as appropriate.
Members of the public should be advised to call the Police nonemergency 101 number to report any issues or 999 if it’s an emergency
issue. Contact will be maintained with the local Police.

4. Eviction Proceedings
The Town Council may liaise with the principal authority where it is deemed
eviction proceedings are necessary. As Somerset Council is the principal
authority it has responsibility for assessing:
• Housing circumstances;
• Health needs; and
• Education and general welfare.
Once a decision to evict an unauthorised encampment has been properly
taken, the aims should be to:
•

Act quickly and efficiently.

•

Use the powers most appropriate to the circumstances.

•

Reduce scope for challenge through the courts by ensuring that welfare
considerations have been taken and considered.

5. Joint Working
The Council may liaise with the Principal Authority Enforcement Officer, the
Police and other relevant public or voluntary agencies to facilitate better joint
working and a better understanding of the problems and any issues related to
trespassers generally and incurred expenses.
6. Necessary Expense
In dealing with the trespassers there are likely to be issues of health and
safety (environmental, wellbeing or welfare). The Town Clerk is authorised to
incur reasonable expense as per the Council Financial Regulations in

Chard Town Council - Unauthorised Encampment Policy and Procedure
Version: July 2023
Adopted by Full Council 11 September 2023

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resolving any eviction of trespassers from Town Council property. Such
expenses should be advised to Councillors at the earliest possibility and
ratified at the first available meeting of the council following such actions.
Annexes
1. Trespasser Incursion Form
2. Dealing with Travellers Guide
3. Example Enforcement Notice
4. Welfare Needs Assessment
5. Bailiff Flow Chart

Chard Town Council - Unauthorised Encampment Policy and Procedure
Version: July 2023
Adopted by Full Council 11 September 2023

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Annexe 1
Trespasser Incursion Form
Date and Time of Incursion

Location of Incursion

How entry was effected

Number of trespassers

Number of vehicles

Number of children

Number of animals

Initial Costs Assessment

Initial Welfare Assessment

Police Informed

Gypsy Liaison Informed

Principal Authority Informed

Councillors Informed

Chard Town Council Unauthorised Encampment Policy and Procedure
Version: July 2023
Adopted by Full Council 11 September 2023

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Eviction Required (reason)

Immediate
Agreed Time Frame

Subject to Section

Action Taken

Powers Used (i.e. Sect 77, 61, Common Law)

Lead Officer / Council / Authority

Post Incursion

Eviction Completed

Total Cost

Comments

Chard Town Council Unauthorised Encampment Policy and Procedure
Version: July 2023
Adopted by Full Council 11 September 2023

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Annexe 2
Guide to effective use of enforcement powers
Gypsy & Traveller (publishing.service.gov.uk)
Annexe 3
Example Enforcement Notice
Example enforcement notice – operational development
(publishing.service.gov.uk)

Chard Town Council Unauthorised Encampment Policy and Procedure
Version: July 2023
Adopted by Full Council 11 September 2023

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Annexe 4
Welfare Needs Assessment
Exhibit No:

Welfare Needs Assessment.
(The questions to be answered by an adult)

Sign:
Date:

Initials of Officers:
Site:
The Welfare check is to find out the welfare needs of the person (and their household) being
interviewed before Chard Town Council takes any action. This is important, as there may be
a need to involve other professionals from health or education services to complete a full
assessment of their needs.
This form will be used as evidence in court that welfare checks have been carried out to the
best of Chard Town Council ability and that any action, we take has taken account of the
needs that have been identified.

Name or Family Name

VEHICLE / TYPE

M/F

Age

Advice/ Health Issues including
follow up action (note if any advice
leaflets given)

REGISTRATION

Chard Town Council Unauthorised Encampment Policy and Procedure
Version: July 2023
Adopted by Full Council 11 September 2023

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Continue on separate sheet if needed

3

Do you have a permanent place of
residence?

Yes/No

4

Do you want housing in
Chard?

Yes/No

4

Ethnicity (if appropriate to ask)
(Explain used to identify improvements
to service and meeting their needs)

Data Protection: We may need to share this information with other departments including
health, education and other Council services and other local authorities.
Do you have any objection? No❑
I agree that the information provided here is correct, and that by signing this form, I agree
that it may be shared with other council departments, other local authorities, and partners.
Name/Mark of Trespasser:
Date:
Name of Officer:
Date:
I have declined to provide Welfare information to the Chard Town Council representative
Name/Mark of Trespasser:
Date:
Name of Officer:
Date:
Any Comments: On previous meetings they have stated that they want housing in the local
area and their children to have education.

Chard Town Council Unauthorised Encampment Policy and Procedure
Version: July 2023
Adopted by Full Council 11 September 2023

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Annexe 5
Bailiff Flow Chart