Caravans pitching up on fields, car parks and restricted areas has become a common source of discontent for many, with people asking why nothing is being done to move them on.

But, what powers do local councils hold for these unauthorised encampments and what can they do to remove them? reporter Amy Tregenna explains...

The nomadic tradition of gypsy, traveller and Romany communities dates back centuries and is protected under human rights law.

Case law in England holds up the idea that a home set up without lawful authority can still be classed as a “home”, protected under the European Convention on Human Rights, but unauthorised encampments pitching up in the summer sometimes cause grief for local residents, and groups are often moved on fast.

Local authorities and law enforcement have to delicately balance the human rights of those who pitch up on public and private land with the best interest of residents nearby.

Here’s everything you need to know about what powers are held and when they can be used.

Powers are different for private and public land

If an unauthorised camp is on privately-owned land, it is the responsibility of the landowner to prevent or evict them.

Using common law powers, landowners do not need to involve the courts but private bailiffs can be brought in to enforce the powers if necessary.

Landowners will be able to evict an individual from their land, seek damages or seek an injunction to prevent it from occurring again, but there will not be a sanctions offence if the trespassers return to the land.

Importantly, when considering the use of common law rights, landowners should notify the police of their intentions first so officers can be present to prevent any breach of the peace.

If the trespasser enters the land without argument or violence, they are entitled to a request to leave before being forcibly removed, and if they do not leave when asked, the landowner can use only as much force as is “reasonably necessary”.

If this does not work, the landowner can use the Civil Procedures Rules Part 55.

Civil Procedures Rules Part 55

Similarly to common law powers, there will be no sanctions if the trespassers return to the land when possession of the area is enforced by bailiffs.

First, the landowner should ask the trespassers to leave the land, but action can begin through the County Court if they refuse or ask to remain for what the landowner considers an unacceptable period of time.

So, what can police do?

Recently, residents expressed their anger as travellers were pitched in Laburnum Recreation Ground in Strood for a full month.

However, travellers spotted pitched in a Bluewater car park were moved on within 12 hours.

The difference between these incidents is down to land at Bluewater being privately owned, while Laburnum Recreation Ground is public land and therefore the responsibility of the local authority – Medway Council.

In privately owned land, police can serve a Section 61 notice which requires the trespassers to immediately leave the area under the Criminal Justice and Public Order Act 1994 (CJPOA).

Section 61 notice

This notice is used by police to direct unauthorised campers to leave a site without referring the case to the courts.

The landowner must make a formal request to police that they use they powers.

It can be used on identified individuals and/or their vehicles if there are two or more people trespassing on the land.

The landowner must have asked the unauthorised campers to leave by a certain date and time, and if they have failed to do so, and one of three other conditions must be true: if the campers have caused damage to the land or property on it; if they have used threatening, abusive or insulting language or behaviour, or there are six or more vehicles on the land.

Senior police officers will consider whether it is appropriate to use the power, based on other activities such as the extent of the impact on the environment and local community, and whether sufficient resources are available.

A uniformed officer will then visit and provide the occupier with a certain date or time to leave, which could be hours or days away.

Returning to the site within a certain time period can lead to a custodial sentence or fine.

If the notice is breached, a police officer can seize, remove and impound vehicles under Section 62C with a fee for their return.

Section 62

If a suitable pitch on a relevant caravan site is available within the same local authority area, police can use section 62A to direct trespassers to leave the land they are on.

Local authorities must confirm this availability before police use their powers, and the “suitable” land must be managed by a local authority, registered social landlord, or other person or body.

These powers can be used if two or more people are trespassing, if they have at least one vehicle on the land, if they are there with the purpose of residing there for any period, if the person has at least one caravan in their possession on the land, or if the occupier has asked police to remove the trespassers.

Section 62B allows the police to arrest or detain the campers if they do not leave when directed to do so, or if they return within three months.

The Police, Crime, Sentencing and Courts Act 2022 was brought in last June and gives law enforcement additional powers to remove illegal pitches.

Police, Crime, Sentencing and Courts Act 2022

This act strengthens police powers to tackle unauthorised encampments if they cause damage, disruption or distress, and includes a new power of arrest and the ability to seize the vehicles of those committing it.

The act makes residing with a vehicle on land without permission a criminal offence rather than a civil one, when someone causes significant damage, disruption or distress and fails to leave or remove their property without reasonable excuse when asked to do so.

It has been framed to ensure those who want to enjoy the countryside are not impacted by the new powers.

The maximum penalty is three months in prison, a fine up to £2,500, or both.

It also makes amendments to the previous acts, increasing the period in which those evicted cannot return to the land from three months to 12 months.

Police are also now allowed to direct trespassers away from roads.

So, has it worked?

Sevenoaks MP Laura Trott (Con) praised the new act, saying: “When I first became an MP in 2019 there were several local cases of illegal and unauthorised encampments. And, what became apparent to me was the limitations of the previous powers of enforcement.

“At the time, to trespass was only a civil offence. This meant landowners or local councils would have to get a court order to evict people who set up camps on private or public land, and the police were unable to order people to move on without a further crime being committed.”

Ms Trott campaigned for action to be taken as part of her plan to tackle antisocial behaviour in Sevenoaks and Swanley so police could challenge and remove unauthorised sites as quickly as possible.

She said she was “so pleased” when the legislation was passed last year to make this the case.

A group of travellers who pitched in Hollybush Recreation Ground in Sevenoaks at the end of June were served a notice for removal by police the same day the site was attended by police.

In April, a group of unauthorised travellers pitched in Swanley Recreation Ground and were moved on within three days, which Ms Trott accredits to the powers introduced by the PCSC Act.

‘It is not acceptable to trespass on land...’

She continued: “It is clear, following both the recent incursion in Swanley and last week’s in Sevenoaks, that the new powers provided by the government to the police through The Police, Crime, Sentencing and Courts Act 2022 are working – the last time Hollybush experienced a similar encampment it took around 3 weeks to remove them, and this time they were removed just over 24 hours after they arrived.

“It is not acceptable to trespass on land and I am pleased this government has introduced both a faster process to ensure removal, as well as harsher penalties for those who do not comply.”

What is the procedure for public land?

On public land, the local authority is responsible for removing the unauthorised encampment, with powers provided by the Criminal Justice and Public Order Act, sections 77 and 78.

The powers can be used on any land within the local authority’s area, regardless of ownership.

The courts only need to be involved if unauthorised campers do not leave when directed to do so.

A local authority should make a decision on whether to move the caravans on or to allocate resources accordingly, a process which takes between two to five working days.

Welfare checks must also be carried out on the site, including when children are involved who are attending local schools.

In the case there are vulnerable members in the group, the process of eviction or removal can take longer.

Councils have the responsibility to balance the general public interest with the human rights of the members of the encampment.

According to the Equality Act 2010, people must not be discriminated against because of their race – a category which includes travellers.

Romany Gypsies and Irish Travellers are legally recognised as ethnic groups and are protected from discrimination by the Race Relations Act 1976 and the Human Rights Act 1998.

Once a final decision is made, a specific time and place is given.

If there is anti-social behaviour from particular individuals in the group, or if one member is ill, action can be taken to evict some people but not others.

Police are often called to attend but when public land is involved they do not have control over the situation.

They can, however, investigate alleged criminal offences, including the means of gaining access to the land.