Unauthorised Encampments Welcome, introductions and outline of - - PowerPoint PPT Presentation

Unauthorised Encampments Welcome, introductions and outline of morning Kate Wilson, BUL, Community Services Policy and Performance, MSDC

What can you expect from the session?

• How WSCC manage illegal encampments on our behalf
• Sussex Police powers and response
• MSDC protocol
• MSDC site hardening programme
• Reporting incidents
• Managing community tensions
• What we need from you, elected members

What we won’t be covering;

• Permanent gypsy & traveller sites

Legislation protecting the rights of Gypsies and Travellers

As with any other individual, all gypsies and travellers have rights under the 1998 Human Rights Act. Romany Gypsies and Irish Travellers are also protected against discrimination

• n the basis of their ethnic origins under the 2010 Equalities Act.

Gypsy & Travellers

Esther Quarm Gypsy & Traveller Manager

West Sussex Transit site: Opened in May 2016

• A Short stay site for Travellers
• Partnership agreement between all West Sussex Councils
• Stane Street, Chichester, West Sussex,

• Nine short stay pitches with individual toilet and shower facilities
• Site office
• Managed by West Sussex County Council
• No pre Booking
• Maximum stay 12 weeks
• No return 3 months

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• All required to pay £150 Deposit
• Weekly rent £70 increasing to £77 1/4/19
• Pay for electric
• All required to sign a licence agreement
• On site Manager Monday – Friday 9 – 5

To support this

• Multi Agency Enforcement Protocol with all District & Boroughs
• West Sussex County Council will be undertaking all Enforcement on Public

Land throughout West Sussex

• Each Authority contributes £15,000 per annum towards running costs of site

and cost of enforcement

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• Consistency across County
• More effective use of transit site
• Put a stop to ‘Friday change over day’
• Out of Hours Service
• Greater cooperation with Sussex Police

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Visit site Carry out Welfare Enquiries Liaise with Sussex Police If appropriate request use of Police Powers Decision to Tolerate or not Undertake appropriate Court action Carry out enforcement

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• Section 62A CJPOA 1984 -Allows Police to direct Illegal Encampment to

Site if there is sufficient spaces

• If Authorised and served have to leave the district/borough area – no return

3 months

• Section 61 – Allows police to direct whole illegal encampment form x

location - no return 3 months

• Section 77/78 Allows local Authority to Obtain Order for Removal from x

location – no return 3 months

• Also part 55 County Court possession Order

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2014/15 2015/16 2016/17 2017/18 2018/19 District

Chichester 15 45 55 15 92 47 21 85 101 20 53 103 21 84 110 Adur 29 125 137 17 41 105 11 37 92 16 41 128 8 21 63 Arun 8 40 25 15 32 77 11 42 98 8 20 65 19 73 132 Crawley 2 8 7 2 9 20 6 13 32 4 7 39 8 28 99 Horsham 19 161 48 7 54 34 10 22 53 13 46 50 9 44 21 Mid Sussex 10 28 66 9 17 39 6 18 38 6 17 30 16 70 129 Worthing 32 203 133 3 7 17 7 27 34 5 18 34 4 23 31 Totals 115 610 471 68 252 339 72 244 448 72 202 449 85 343 585

County Wide Figures

Mid Sussex Figures

2014/15 2015/16 2016/17 2017/18 2018/19

No of encampments 2014/15 Total No. Days 2014/15 Total No. Caravans/lived in vehicles 2014/15 No of encampments 2015/16 Total No. Days 2015/16 Total No. Caravans/lived in vehicles 2015/16 No of encampments 2016/17 Total No. Days 2016/17 Total No. Caravans/lived in vehicles 2016/17 No of encampments 2017/18 Total No. Days 2017/18 Total No. Caravans/lived in vehicles 2017/18 No of encampments 2018/19 Total No. Days 2018/19 Total No. Caravans/lived in vehicles 2018/19

10 28 66 9 17 39 6 18 38 6 17 30 16 70 129

• Very busy Summer period
• June – 11 encampments
• July – 22 encampments
• August - 23 encampments
• Mid – Sussex
• June – 2
• July – 6
• August - 3

2018/19 Breakdown

• Private Land – 8
• 61 Requested/Granted 21 Requested/ Refused 6
• 62A Requested/Granted 7 Requested/ Refused 2
• Court Proceedings Commenced 28
• Left after service Notice 20
• Elected to go to Transit Site 4

Mid Sussex Breakdown 2018/19

• Private Land 2
• 61 Requested/Granted 2
• 62A Requested/ Granted 4 (enforced 1)
• Court Proceedings Commenced 5
• Left After Service Notice 2

From date of opening have housed 155 families who otherwise would have been part of an illegal encampment Only 16 families have left owing Rent 4 families evicted for non payment rent No major damage caused On average 60% occupancy levels Each year have had a surplus which, with agreement, held over.

UNAUTHORISED ENCAMPMENTS AND POLICE POWERS

INSP PETE DOMMETT

TRAVELLERS AND GYPSY - DEFINITIONS

• Gypsy, Travellers, Romany, New Age, Caravan Dweller?
• Can you be a Gypsy if you cannot travel?
• Categories don’t help us.

LEGISLATION

Police Powers

• Sections 61- 62 of Criminal Justice and Public Order Act 1994

Power of the Police to direct unauthorised campers to leave land

• Sections 62 A-E of Criminal Justice and Public Order Act 1994

Police Powers to direct trespassers to an alternative site

GUIDANCE

ADVICE

Prevention Better than Cure

• Identifying vulnerable sites.
• Working with landowners to physically secure vulnerable sites where possible.
• Clear decision making process, including liaison between councils and local police forces,
• n how to approach unauthorised encampments.
• The lead role in the management of Unauthorised Encampments will be with Local

Authorities

LEGAL CONSIDERATIONS

SECTION 61 2 or more people residing on land- having been asked to leave & Caused damage Or Abusive, threatening to occupier Or 6 or move vehicles (including caravans)

LEGAL CONSIDERATIONS

SECTION 62 Available Pitches 2 people and one vehicle Asked to leave then if they refuse Police Direct to Suitable Site Or To leave the borough and not return for 3 months

PRE-CURSORS

• Local Authority must attend and conduct enquires including welfare

Necessity must be shown

• Local amenities are deprived to communities or significant impact on the environment.
• There is local disruption to the economy.
• There is other significant disruption to the local community or environment.
• There is a danger to life.
• There is a need to take preventative action.

POLICING A SITE

• Patrols and visits
• Identifying crimes
• Messaging with Local Authority
• Leaflets? Social Media
• Daily review
• Tracking Encampments

EXAMPLES

THE SITE

COMPLAINTS

• Threats
• Animals on site
• Dogs barring the pathway to school
• Defecating in the woods
• No waste being dumped
• Pregnant female
• Young children

EXAMPLES

THE SITE

COMPLAINTS

• Travellers
• Blocking Path
• Rubbish Bags by bins
• Smell of coffee and cooking
• No working

QUESTIONS

Mid Sussex District Council Protocol

• Protocol refreshed in 2018
• Ensures that specific officers understand their responsibilities and required

actions

• Includes out of hours procedure
• Includes a communication cascade to management team, cabinet and ward

members

• Corporate lead officer is Rob Anderton, Divisional Leader for Commercial

Services & Contracts

Site security: Prevention Measures Rob Anderton, Divisional Leader, Commercial Services and Contracts, Mid Sussex District Council

Site Security

• 2018 incursions

– Imberhorne Lane, Blackwell Farm, KGV Playing Field, Lingfield Rec, East Court, Whitemans Green, Lindfield Common – Clear-up costs circa £10k – Temporary security measures £10k

Site Security

• In September 2018, Cabinet agreed to approve the allocation of £170k to

enable the acceleration of the programme of site security works across the District’s most vulnerable open space sites.

• Proposals based on historic information and include a combination of ditches,

bunds, bollards, gates and height barriers across the district.

Site Security

• Ditch & Bund at Imberhorne

Recreation Ground

Site Security

• New bollards at

Blackwell Farm

Site Security

• Height Barriers

Reporting concerns, wrap up and evaluation

Mandy Cunningham Community Safety and Safeguarding Manager, MSDC

How can members help?

• Community social media sites are not actively monitored by Officers. Members can

encourage communities to use the proper reporting channels.

• Illegal encampments to be reported to Local Authority or private landowner if on private land.

Members can check the WSCC website to see if it has already been reported

• Criminal Activity to be reported to the Police via 101 (or 999 if an emergency). This includes

threats made against the gypsy & traveller community (hate crime)

• Anti-social Behaviour can be reported to MSDC ASB Officer at

antisocialbehaviour@midsussex.gov.uk or to Sussex Police via 101

• Positive communication can help to ease community tensions and ensure that incidents are

dealt with appropriately

How to report illegal encampments https://www.midsussex.gov.uk/environment/gypsies-travellers/ Tel: 01444 477254 Out of hours: 0845 602 1035 Email: travellers@midsussex.gov.uk

Questions?

Evaluation form