How we handle unauthorised encampment sites
Recently some of our local residents have complained to us about Gypsy, Roma, Travellers on unauthorised sites near their homes. While we always act promptly when alerted to unauthorised encampments we thought it might be helpful to give people an idea of the processes we have to follow.
As a council we have to strike a balance between responding to concerns from the local community and our statutory duty to look after the Gypsy, Roma, Traveller community.
We must be sure that the Gypsy, Roma, Traveller community is free to live the life that they choose to, while at the same time protecting property and respecting the community nearby.
There is often confusion about what we as a council have the power to do when dealing with unauthorised encampments, so we have put together this explainer which we hope will help.
We have robust processes in place to engage with the Gypsy Roma and Traveller communities at unauthorised encampments. These involve working closely with those on site and with agencies such as the Police, and the Courts, which often means we are criticised for not dealing with unauthorised encampments quickly enough.
Report an unauthorised encampment
See the status of current known unauthorised encampments in Plymouth.
What happens when an unauthorised encampment is reported to the Council?
As soon as we have a reported encampment, the Community Connections Team checks if the land in question is Council-owned. If it is not, we inform the landowner and we can offer legal advice. If it is on Council-owned land, the Community Connections Team will respond.
Then what?
We check the site and order bins and toilets to support the community and minimise the impact on the area. We carry out a community impact assessment – which looks at the wider impact of the encampment on the site. This will inform the legal procedures in place so that an eviction can be arranged after we gain possession.
We send the welfare checks to our legal team and they prepare a Notice to Quit.
What is a Notice to Quit?
This is a legal document that informs the occupants of the unauthorised encampment that they have 24 hours to vacate the site. The Notice to Quit is served on the occupants.
What happens if the Notice to Quit is ignored?
When the Notice to Quit expires, if it is confirmed that the group have not vacated, papers can then be prepared for the court to apply for a possession hearing. The court will tell us the date.
How long does this take?
The court sets a hearing date, usually around a week later. This is because of court rules surrounding notice periods. Once the hearing takes place, the court will determine if possession is granted and if it is, we receive a possession order which is served to the occupants signalling an eviction is going to take place.
How do you evict them?
Once we have a possession order, the Council has access to County Court bailiffs and private High Court enforcement officers. We will always use the most appropriate, depending on availability and circumstances.
What happens when they are gone?
We know that after the encampments have moved on there is often damage and/or mess on the site. Our Community Connections officers attend the evictions and our Street Services teams are contacted. They aim to clear up as soon as possible but our response depends on staff commitments elsewhere across the city. Sometimes we may require additional equipment such as tractors to remove larger items and we may also require specialist contractors if there are suspected hazardous waste items. Ideally, we would always seek reparations if anyone caused intentional damage to public property. However, in order to take environmental enforcement action, legally we must have evidence that links the waste to an individual.
What can residents do to help?
Report. If you are made aware of any issues – we need you to tell us or the Police. If residents are witnessing criminal activity, they should call 999. To report criminal activity that has already happened, but not witnessed, please call 101 or report directly to the Police.
You can also make reports online at any of our web pages below. Please note that any reports made on our website will be responded to Monday to Friday from 9am to 5pm.