Gypsies and Travellers: Trespassing On Land Without Consent / Unauthorised Encampments

Changes to the Police, Crime, Sentencing and Courts Act 2022 (external website), mean that unauthorised encampments are now dealt with under the criminal offence of trespassing on land without consent.

If an unauthorised camp site is set up on land owned by us, then we will take enforcement action.

We cannot take action to remove unauthorised encampments from private or third-party land. Find out what can be done if there is an unauthorised encampment on private or 3rd party land.

We cannot remove unauthorised encampments from land immediately. We must act according to national legislation and guidelines by:

• showing that the encampment has been set up on land without consent
• making enquiries regarding the general health, welfare and children's education
• ensuring that the Human Rights Acts 1998 has been fully complied with
• following a set procedure in terms of proving ownership of land and details of the illegal encampment that will enable us to successfully obtain the necessary authority from the courts to order the occupiers to leave the site 

Report an unauthorised encampment on council land

You can report trespass without consent on council land by phoning us on 01824 706000. 

How long will it take for an encampment to be removed?

This will depend upon the circumstances of each individual case. We will need to take account of the welfare issues outlined above as well as how soon a court hearing date can be obtained.

Can the court refuse to grant an order to remove an encampment?

Yes. If there is an unavoidable reason for the occupiers to stay on the site, or if the court believes we have failed to make adequate enquiries regarding the general health and welfare of the Occupiers. We must try to find out this information before going to court.

What can the police do?