Unauthorised Encampment Policy and Procedure

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Unauthorised Encampment Policy and Procedure
Approved by The Town Council 8 September 2025 (Minute 132/2025)
This policy sets out the way in which the Town Council will deal with unauthorised
encampments with the aim of full compliance with legislation, accuracy, consistency,
continuity, fairness and equity.

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Unauthorised Encampment Policy and Procedure
1. Introduction
The purpose of this document is to provide a policy to guide Officers and
Councillors in deciding how to deal with unauthorised encampments. This
policy is also intended to explain to other interested parties the Council’s
position in relation to unauthorised encampments.
In the event of an unauthorised encampment on Town Council land this Policy
will ensure that the Town Council deals with unauthorised encampments in a
fair, proportionate, and consistent manner and follows a set legal process.
When trespassers move onto a piece of land they do not own, without the
permission of the landowner, this is called an illegal/unauthorised encampment.
Illegal encampments can be unsightly, unhygienic and potentially cost the Town
Council large sums of money to evict and clean up after the trespassers leave.
This is a civil matter of trespass between the landowner and the trespassers,
and it is the responsibility of the landowner to deal with the encampment. If the
land is leased, in most cases it is the person leasing the area that is responsible
for dealing with the encampment dependent on the agreement with the
landlord.
If the land is privately owned by a company or individual, advice can be taken
from a solicitor about obtaining a Possession Order through the County Court.
However, a faster and more common way is to evict trespassers using common
law by calling in a bailiff. Sometimes trespassers behaviour can cause a
nuisance or fear and intimidation to people living near to an encampment.
Incidents of this nature should be reported to the Police.
For an unauthorised encampment on private land, it is exceedingly difficult for
the Town Council to intervene if the encampment is on land not owned by them.
The Town Council does not have the legal power to instruct bailiffs or apply for a
Possession Order through the County Court when they are not the landowner.
In the event of an unauthorised encampment on private land, the following
procedure should be initiated:
• Town Councillors and Council Staff should not approach the
encampment.
• The Town Council should inform the landowner (if known) that they have
an encampment and inform the Police and Local Authority.
• Ask the landowner to keep the Town Council informed of progress.
• Securing any Town Council property/land that may be used as alternative
sites in preparation for the encampment being moved.
2. The Law
2.1 The Human Rights Act 1998
This Act is described as "An Act to give further effect to rights and freedoms
guaranteed under the European Convention on Human Rights." Wherever the Human
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Rights Act 1998 (which in essence requires any public body to carry out its functions
so as to accord with the Convention) applies to a situation which involves an
unauthorised encampment, the relevant public authority when dealing with the
encampment must comply with the Act.
In considering action to recover land, local authorities may need to take a balanced
approach and consider the health and wellbeing of the trespassers. Proportionality will
be considered to ensure that there is a balance between the needs of the settled
community and the trespassers
2.2 The Race Relations Act 1975 and the Race Relations (Amendment) Act 2000
Under the Race Relations Act, it is unlawful to discriminate against anyone on the
grounds of race, colour, nationality (including citizenship), or ethnic or national origin.
All racial groups, including gypsies and travellers, are protected from discrimination.
The Race Relations (Amendment) Act 2000 placed both a general and specific duty on
public authorities bound by the Act.
Under the general duty the requirement is to:
• Eliminate unlawful racial discrimination.
• Promote equality of opportunity.
• Promote good relations between persons of different racial groups.
2.3 Other Equalities Legislation
In 2010, further legislation came into force covering age, gender, disability, religious
belief, and sexual orientation. The Equality Act 2010 provides protection against
discrimination to these communities from discrimination in various areas, including
employment, education, access to goods and services, and housing. This includes
both direct discrimination (treating someone less favourably because of their race) and
indirect discrimination (policies or practices that disproportionately affect these
communities). Section 149 of the Equality Act 2010 imposes a duty on public
authorities to have due regard to the need to eliminate discrimination,
advance equality of opportunity and foster good relations between persons with
protected characteristics (such as race) and those who do not share those
characteristics. This means that public authorities must consider the impact of their
policies and practices and take steps to address any inequalities.
2.4 Statutory Responsibilities
County or Unitary authorities have statutory duties in so far as provision of education,
housing and social services is concerned. Gypsies and travellers, like the settled
community, have a right to access health provision. Health Services have a Duty of
Care towards gypsies and travellers. The priorities when visiting an encampment are to
assess the health needs of gypsies and travellers and to provide access to such
services as are appropriate and are required.
2.5 Confidentiality
In dealing with unauthorised encampments, all personal information will be treated as
confidential between agencies, in line with normal working practices and procedures.
However, it must be remembered that occasionally the public interest and the statutory
duties of agencies can override the duty of confidentiality.
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In the operation of this guidance, information may be shared between responsible
authorities. In addition, information communicated to public authorities may be
disclosed to the public under the Freedom of Information Act 2000.
At no time should agencies, employees or members of the gypsy and traveller
community be offered anonymity for information they wish to share with the agency,
where this cannot be provided in law.
3. Policy and Procedure
Responsibility for making and implementing decisions in respect of unauthorised
encampments is delegated to the Town Clerk following consultation with the Mayor
and Deputy Mayor. In the event of the Town Clerk not being contactable then any three
Councillors from the list of Mayor, Deputy Mayor or Committee Chair may work
together to take any required decisions. In the event of the Mayor or Deputy Mayor not
being available the Town Clerk will consult with any two available Councillors from the
list of Mayor, Deputy Mayor or Committee Chair. The Town Council will, in dealing with
unauthorised encampments, act, at all times, in a fair and humane fashion with regard
government guidelines for dealing with trespassers. The Town Council will consider the
balance between the rights and needs of the trespassers in deciding whether or not
unauthorised encampments can be tolerated for a period of time and when and how to
instigate procedures to evict.
Instigating procedures to evict will be taken if the Town Clerk feels that this course of
action is necessary. Individual consideration will be taken on each case and special
circumstances will also be taken into account. Any decision will balance the needs of
trespassers with the impact on Town Council services and undue nuisance to
neighbours and members of the public, including damage to land and property.
Such circumstances being taken into account will also include the Human Rights Act
1998 and any other good practice guidance from Central Government such as the
‘Guide to effective use of enforcement powers’ published by the Department for
Communities and Local Government (DCLG). Formal repossession procedures will
normally be undertaken where encampments occupy land owned by the Town Council
and the Town Clerk is of the opinion that the encampment cannot continue because of
one or more of the following factors:
• It creates a hazard in health and safety terms for other users;
• It creates an intolerable nuisance to the general public;
• It creates an intolerable impact on the enjoyment, use or habitation of adjoining or
nearby property or interferes with the effective management of that property;
• It causes damage or likely to cause damage to the land/property or prejudices the
use by the Council’s members, officers, staff, tenants, occupants, or the general public;
and/or
• It is too large for the location and is causing an unacceptable impact on the
immediate environment.
• Consideration will also be given to the likely cost the council may incur in dealing with
returning groups using their previous history on other Town Council owned sites.

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3.1 North Petherton Town Council has implemented the following procedures:
• Reports of an unauthorised encampment should be acted on as quickly as
possible, and information should be passed on for consultation as rapidly as
possible.
•

Identify who the owner of the land is and gain evidence of ownership. Then
arrange for a visit to the site to be undertaken to establish the exact location
and number of occupants on the land. Establish if the land is owned by North
Petherton Town Council and gain proof e.g. a map showing the area and the
deeds.

•

If the owners of the land are the Unitary Council, then report it immediately, with
details of the location and the number of occupants.

•

Initial details of the encampment need to be reported to the Unitary Council,
Police, NHS and Environment Agency.

•

Report the encampment to the Police immediately and request they ask the
occupiers to leave in the first instance. It is possible that the Police could move
the trespassers on immediately under Section 61 of the Criminal Justice and
Public Order Act 1994 if the trespassers are using threatening behaviour,
causing damage or have 6 or more vehicles. If the Police take no action or
cannot move the trespassers, then the Town Council will take immediate action
to evict the trespassers as soon as possible.

•

A representative of the Town Council either the Town Clerk, or if they are
unavailable at least one of three Councillors in agreement, will contact a legal
representative (bailiff) and place instructions for notice to be served for
immediate eviction.

•

The legal representative (bailiff) will require details of the number of
vehicles/persons, location, and contact details for an authorising representative
of the Town Council, via whom they can maintain contact and monitor the
situation.

•

The Town Council will ask the legal representative (bailiff) to serve notice and
evict under Common Law. This will save time and costs.

•

Following official permissions, the legal representative (bailiff) will prepare
Notices for Service on the trespassers, advising them of the deadline by which
they should move and warning them that they will be evicted if they fail to do so.
For a small number of caravans (less than 3) eviction will usually take place
within 24 hours, for a larger number of caravans the eviction will usually take
place within 48 hours.

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•

The Notices will be served on the trespassers by the legal representatives’
(bailiff) staff on the day of the eviction or at an appropriate number of hours
before the deadline.

•

It is likely that the legal representative will require at least one Police Officer to
be present at the time of the Notice is being served and at the time of the
eviction. Actual Police numbers required at the eviction will depend on the scale
of the occupation. Liaison between the legal representative (bailiff), the Town
Council and the Police is essential.

•

Once the time of the eviction is known, the following should be considered:
o Cleaning of the site.
o Securing other Town Council property that may be used as alternative
sites.
o The Town Clerk, (and Town council employees and Councillors working
under the co-ordination of the Town Clerk), in conjunction with the
Police to notify local organisations or individuals of the eviction, in time
to enable them to secure other likely targeted sites.
o In conjunction with the Police, consider traffic and pedestrian
management in the surrounding area if necessary.
o There may be a need to close a road or control traffic movements
during the eviction period. This will be in liaison with the Police and
Somerset Council if necessary.
o Town Council Staff and Town Councillors should expect a number of
calls/emails from concerned residents during any unauthorised
encampment in North Petherton. Town Councillors and Town Council
Staff should stay calm and explain to the public the legal process that
has been started and advise members of the public not to confront the
trespassers.
o Town Council Officers should update the website and Facebook page
with progress reports as appropriate.
o Members of the public should be advised to call the Police non
emergency 101 number to report any issues or 999 if it’s an emergency
issue. Contact will be maintained with the local Police.

4. Eviction Proceedings
The Town Council may liaise with the principal authority where it is deemed eviction
proceedings are necessary. As Somerset Council is the principal authority it has
responsibility for assessing:
• Housing circumstances;
• Health needs; and
• Education and general welfare.
Once a decision to evict an unauthorised encampment has been properly taken, the
aims should be to:
• Act quickly and efficiently.
• Use the powers most appropriate to the circumstances. For North Petherton Town
Council, evictions can take place under Common Law
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• Reduce scope for challenge through the courts by ensuring that welfare
considerations have been taken and considered through the eviction notice.
5. Joint Working
The Town Council may liaise with the gypsy and traveller liaison officer of Somerset
Council, the Police and other relevant public or voluntary agencies to facilitate better
joint working and a better understanding of the problems and any issues related to
trespassers generally and incurred expenses.
6. Necessary Expense
In dealing with the trespassers there are likely to be issues of health and safety
(environmental, wellbeing or welfare). The Town Clerk is authorised to incur reasonable
expense as per the Council Financial Regulations (urgency procedure) in resolving any
eviction of trespassers from Town Council property. Such expenses should be advised
to Councillors at the earliest possibility and ratified at the first available meeting of the
council following such actions.
Annexes
1. Trespasser Incursion Form
2. Dealing with Travellers Guide
3. Example Enforcement Notice
4. Welfare Needs Assessment
5. Bailiff Flow Chart

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Annexe 1 Guide to effective use of enforcement powers
(Office of the Deputy Prime Minister 2006)
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/7837/143582.pdf

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Annexe 2 Example Enforcement Notice
https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fassets.publishing.service.gov.uk%2Fmedia%
2F66279e96d29479e036a7e5f8%2FModel_enforcement_notice.odt&wdOrigin=BROWSELINK

Note 1: Wording for enforcement notices for a material change of use or failure to comply with a
condition would need to reflect different types of breaches of control, remedies and time period for
enforcement action.
All notices must comply with the requirements of Section 172 and Regulation 4 – Town and Country
Planning (Enforcement Notices and Appeals)(England) Regulations 2002 and should attach a copy of
the Planning Inspectorate note on how to make an appeal against an enforcement notice.
Note 2: Every copy of the enforcement notice must also be accompanied by an Explanatory Note that
complies with Regulation 5 – Town and Country Planning (Enforcement Notices and Appeals)(England)
Regulations 2002
Note 3: Regulation 13 – Town and Country Planning General Regulations 1992 requires that notices
and envelopes be marked with the words: “Important – This Communication affects your Property”

IMPORTANT - THIS COMMUNICATION AFFECTS YOUR PROPERTY
TOWN AND COUNTRY PLANNING ACT 1990
(As amended by the Planning and Compensation Act 1991)
ENFORCEMENT NOTICE
ISSUED BY: [name of Council]
1.THIS NOTICE is issued by the Council because it appears to them that there has
been a breach of planning control, within paragraph (a) of section 171A(1) of the
above Act, at the land described below. They consider that it is expedient to issue this
notice, having regard to the provisions of the development plan and to other material
planning considerations. The Annex at the end of the notice and the enclosures to
which it refers contain important additional information.
2. THE LAND TO WHICH THE NOTICE RELATES
Land at [address of Land], shown edged in [a distinctive colour] on the attached plan.
3. THE MATTERS WHICH APPEAR TO CONSTITUTE THE BREACH OF
PLANNING CONTROL
Without planning permission, the erection of [describe the development], in the
approximate position marked with a cross on the attached plan.
4. REASONS FOR ISSUING THIS NOTICE
[Include the reasons why the local planning authority consider it expedient to issue the
notice and all the policies and proposals which are relevant to the decision to issue an
enforcement notice]
5. WHAT YOU ARE REQUIRED TO DO
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[Explain what steps the local planning authority require to be taken [or what activities
are required to cease to remedy the breach]]
6. TIME FOR COMPLIANCE
[Identify the time period after which this notice takes effect]
7. WHEN THIS NOTICE TAKES EFFECT
This notice takes effect on [specific date, not less than 28 clear days after date of
issue], unless an appeal is made against it beforehand.
Dated: [date of issue])
Signed: [Council's authorised officer]
On behalf of [Council's name and address]
Nominated Officer [Name of contact officer]
Telephone Number [of Nominated Officer]

Annex
THE RIGHT OF APPEAL
There is a right of appeal for anyone who has an interest in the land to which the
enforcement notice relates, or who is a relevant occupier, whether or not they have
been served with a copy of the notice. Anyone occupying the land by virtue of a
licence is a relevant occupier.
Any appeal must be received, or posted in time to be received, by the Planning
Inspectorate acting on behalf of the Secretary of State before the date specified in
paragraph 7 of the notice.
The enclosed information sheet published by the Planning Inspectorate gives details
of how to make an appeal [link to
http://www.planningportal.gov.uk/uploads/pins/enfinfosheet.pdf ]
WHAT HAPPENS IF YOU DO NOT APPEAL
If you do not appeal against this enforcement notice, it will take effect on the date
specified in paragraph 7 of the notice and you must then ensure that the required
steps for complying with it, for which you may be held responsible, are taken within the
period[s] specified in paragraph 6 of the notice. Failure to comply with an enforcement
notice which has taken effect can result in prosecution and/or remedial action by the
Council.

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Annexe 3 Welfare Needs Assessment
(The questions to be answered by an adult)
Initials of Officers: ______________ Site:__________________________________

The Welfare check is to find out the welfare needs of the person (and their
household) being interviewed before North Petherton Town Council takes
any action. This is important, as there may be a need to involve other
professionals from health or education services to complete a full
assessment of their needs. This form will be used as evidence in court
that welfare checks have been carried out to the best of Taunton Town
Council ability and that any action, we take has taken account of the
needs that have been identified.

Name or Family
Name

M/F

Age

Vehicle / Type

Tick

Registration

Continue on a separate sheet if needed
Do you have a permanent
place o residence?

Advice/ Health
Issues including
follow up action
(note if any advice
leaflets given)

Yes / No

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Do you want housing in or Yes / No
near North Petherton?
Ethnicity (if appropriate to
ask) (Explain used to
identify improvements to
service and meeting their
needs)
Data Protection: We may need to share this information with other departments
including health, education and other Council services and other local authorities.
Do you have any objection? Yes / No
I agree that the information provided here is correct, and that by signing this form, I
agree that it may be shared with other council departments, other local authorities,
and partners
Name / Mark of Trespasser
Name of Officer

Date
Date

I have declined to provide welfare information to the North Petherton Town Council
representative
Name / Mark of Trespasser
Name of Officer

Date
Date

Any Comments: e.g. welfare matters previously raised / requested

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Annexe 4 Common Law Eviction Notice

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Annexe 5 Bailiff Flow Chart

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