If premises are secure then the likelihood that an unauthorised encampment could occur on that land is reduced. Businesses and landowners should balance the cost of securing their land with the costs associated with legal action, the use of a bailiff, damage to the land, removal of waste, loss of business due to obstruction and possession, health and safety concerns and the effects on neighbouring businesses and residents. These costs could be substantial for each encampment.

It is the primary responsibility of the land owner/user to protect his/her land. If an unauthorised encampment occurs then it is also that land owner/user who has to deal with any problems associated with that encampment.

A number of preventative measures can be taken to reduce the risk of unauthorised encampments, although the following list is by no means exhaustive:

   1)  Substantial steel gate with “anti tamper” padlock
   2)  Substantial Height Barrier
   3)  Width restriction (to allow cars past but not caravans) using substantial posts or large concrete blocks/boulders
   4)  High security retractible bollards
   5)  Seldom used accesses could be closed using semi-permanent features such as concrete barriers, tree trunks or earth bunding that require specialist equipment to remove
   6)  Consideration could be given to closing off the access by fencing or ditching

Consideration should be given to the planning requirements and health and safety issues, in respect of these measures.

There are various courses of action available to deal with incidents of unauthorised encampments. The decision as to the appropriate course of action to be taken depends upon the ownership of the land that is trespassed on. It is worth remembering that trespass is a civil offence and not a criminal offence.

Unauthorised encampments on local authority land, i.e. County, District and Unitary Authorities, within Leicestershire (with the exception of North West Leicestershire District Council), Leicester City and Rutland are dealt with under the terms of the County wide Code of Practice and Joint Agreement, to which the Leicestershire Constabulary is also a signatory. This policy is in line with Central Government Guidance and recent case law. Decisions are made having regard to their public duties and their duties and responsibilities under the Human Rights Act 1998, the Race Relations Act 1976 and the Race Relations (Amendment) Act 2000. Both Romany Gypsies and Irish Travellers are now recognised as ethnic minorities against whom discrimination is unlawful.

Further information on the Code of Practice is available on the County Council’s web site: www.leicestershire.gov.uk

Private landowners, including Parish and Town Councils do not have statutory duties relating to Education, Social Services or Housing and, providing that land ownership can be established, may apply to the courts with immediate effect.

The National Association of Local Councils can provide legal advice to Parish Councils, if they subscribe to the Association.

A landowner can obtain a possession order through the Civil Courts requiring the removal of trespassers from land/property.

Such action can normally be taken swiftly under Civil Procedure Rule 55 in the County Court.

The Common Law recognises the rights of a landowner to evict trespassers from his or her property. If a trespasser refuses to leave after being requested to do so, the landowner (or an agent authorised to act on their behalf) may use only so much force as is reasonably necessary to evict them. It is important that excessive force is not used as this could result in the landowner committing an offence. Private bailiffs sometimes use this power to evict people from land.

If there is a risk of breach of the peace, the Police will need to consider whether the need for possession is sufficiently pressing for the landowner, or his/her agent, to continue without first obtaining a possession order. Furthermore, the Police will not exercise powers to deal with a breach of the peace in such a way as would be at variance with the exercise of their own policy under s61 of the Criminal Justice and Public Order Act 1994.

This is a discretionary power which enables a senior police officer to direct people to leave land providing that certain criteria are met. This power remains an operational one for the Police Area Commander, having considered all available options and circumstances. The police, therefore, carefully assess each incident before a decision is made regarding the use of this power.

The public has a right to pass freely over the boundaries of a highway and it is an offence to obstruct such passage, without lawful authority, under Section 137 of the Highways Act 1980. In appropriate cases the police can commence proceedings for obstruction of the highway.

The above is intended only as a summary of the available powers.

Neither the Councils nor the Police are recommending or endorsing any particular course of action.

Landowners are advised to take their own legal advice on the action they should take in any individual situation.

NFU members can obtain further information from the NFU.

The Local Authority or the Environment Agency can deal with incidents involving illegal waste, such as the dumping and burning of rubbish.The Environmental Health Department of the relevant Local Authority can deal with problems relating to noise and other complaints.

Landowners should contact the Environment Agency on: 0121 711 2324 or the District/Borough Council in whose area the incident was witnessed.

Where there is suspicion of criminal activity, the Police should be notified on  0116 222 2222 or, in an emergency, 999.

Information in relation to an offence cannot be used as evidence unless the person is willing to make a witness statement. This could involve appearing as a witness in a Court of Law.

The County Council’s Travellers Sites and Liaison Officer should be contacted on 0116 3058156 with concerns about matters on County Council land.

For matters arising on other Local Authority land, the relevant District/Borough Council or Unitary Authority should be contacted.