Unauthorised Encampments

 

Unauthorised Encampments 

 

Can the Council remove unathorised encampments from their land immediately?

No, the Council must:

• Show that tresspassers are on the land without consent;
• Make enquiries regarding the general health, welfare and children's education;
• Ensure that the Human Rights Acts 1998 has been fully complied with;
• Follow a set procedure in terms of proving ownership of land and details of the illegal encampment that will enable obtaining the necessary authority from the Courts to order the tresspassers to leave the site.

 

What is the set procedure?

• When trespassers arrive, the Council and/or Police are notified by members of the public.
• A visit will be made by the Council and the Police as soon as possible.
• If offences under the Criminal Justice and Public Order Act are identified, the Police can work in partnership with the council or land owner to resolve the situation by use of Police powers or supporting the land owner while they initiate legal repossession action of the land concerned. 
• If on Council-owned land, the trespassers will be instructed to leave immediately by a Council Officer.
• The Council will then inform their solicitors at the earliest opportunity (as soon as they are open if not during business hours) who will draft a written notice, instructing all tresspassers to leave immediately.  This notice must be appended to all vehicles on the site or handed to the occupants.  Note this is not a legal notice, it is an instruction
• A 'Welfare Needs Assessment' must then be undertaken by the Council on all tresspassers on site.  We are obliged to provide details of schools, doctors, hospitals, etc.
• Land deeds then need to be obtained to show the Council has an interest in the land and is responsible for it.
• A statement must then be prepared by the Council Officer dealing with the case, noting all actions that have already been taken.
• The 'Welfare Needs Assessment', land deeds and statement must then be passed to their solicitors to put the correct paperwork in place for the court.
• All paperwork is then taken to the Court who will provide a date for a 'land possession hearing'.  This will usually be two clear working days.
• Paperwork provided by the Court stating the date of the hearing must then be photocopied and taken to the site where a copy will be placed on each vehicle or handed to the occupants.
• Once the hearing has taken place the trespassers will be informed of the decision and given 24 hours to leave.  If they do not leave, they will be removed by the Court Bailiffs.
• The Council will then look at preventative measures for the vacated site to try to prevent the trespassers returning to the site at a later date.

How long will it take for tresspassers to be removed?

This will depend upon the circumstances of each individual case. The Council will need to take account of the issues outlined above as well as how soon they can obtain a Court hearing date.

Can the Court refuse to grant the Council an order to move tresspassers on?

Yes. If there is an unavoidable reason for the tresspassers to stay on the site, or if the Court believes that the Council have failed to make adequate enquiries regarding the general health and welfare of the tresspassers. The Council must try to find out this information before going to Court.

What about residents' rights if tresspassers are causing a disturbance?

If tresspassers are behaving in an anti social manner you should report it to the Police by calling 101 or reporting online Report antisocial behaviour | Hampshire and Isle of Wight Constabulary.

The Police will review all reports of unauthorised encampments and, if offences under the Criminal Justice and Public Order Act are identified, can work in partnership with the council to resolve the situation by use of Police powers or supporting the land owner while they initiate legal repossession action of the land concerned.