travellers work book

7/30/2019 Travellers Work Book

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Public Protection Quality Management SystemTravellers WorkbookIssue Number 1.3 Issued June 2007

1 of38 Printed 10/08/07London Borough of RedbridgePublic Protection Emergency Planning

Contents Introduction 51.0 Initial Sightings/Reporting1.1 Establishing the Lead Responsibility 71.2 Out of Hours Procedures 71.3 Guidance to Heads of Service 81.4 Communications 91.5 Dealing with the Public 91.6 Checklist 10

2.0 Initial Action by Lead Officer2.1 Nomination of Investigating Officer 112.2 Liaison with Police 112.3 Prevention of Further Access 11

2.4 Communication with Members & Corporate Directors 112.5 Convention of Review Meeting 112.6 Checklist 12

3.0 Action on Behalf of Other Landlords 154.0 Initial Site Visit

4.1 Visit to Complete Occupation Pro Forma 174.2 Establishing Occupation 174.3 Checking Adjacent Sites 174.4 Establishing Ownership 174.5 Letters to Occupiers 184.6 Provision of Amenities 184.7 Information to Local Residents 184.8 Report Back to Lead Officer 184.9 Checklist 19

5.0 Assessment Enquiries5.1 Investigation Requirements 215.2 Liaison with Police 215.3 Liaison with Legal Services 215.4 Attendance at Assessment Inquiry Visit(s) 215.5 Gathering of Evidence 21

5.6 Information to Residents 225.7 Communications Strategy 225.8 Checklist 23

6.0 Review Meeting6.1 Purpose of the Meeting 256.2 Making the Decision 25


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6.3 Communication with Travellers 256.4 Internal Communications 266.5 Communications with Courts 27

6.6 Checklist 27

7.0 Legal Process7.1 Introduction 297.2 Civil Proceedings 297.3 Criminal Justice and Public Order Act 297.4 Comparisons 307.5 Police Powers 30

8.0 Eviction8.1 Pre-eviction Meeting 33

8.2 Informing Residents 338.3 Informing Other Lead Officers / Boroughs 338.4 Preparations for all Evictions 338.5 Evictions Civil Remedies 348.6 Evictions - Criminal Justice and Public Order Act 348.7 Checklist 35

9.0 Post Eviction9.1 Security 379.2 Clean and Clear 379.3 Communications 379.4 Post Eviction Briefing and Review of Procedures 379.5 Reviewing the Site 379.6 Checklist 38

Appendix A Pro formas (Forms 1 13) 39Form 1 Log of Officer Activity 39Form 2 Contact Form 39Form 3 Initial Investigation 39Form 4 Unauthorised Occupation of Council Land Letter 39Form 5 Assessment (Pre-eviction Enquires) Form 39Form 6 Sample Letter to Residents 39

Form 7 Residents Complaints Form 39Form 8 Schedule for Recording Vehicle Details 39Form 9 Decision to Evict Form 39Form 10 Letter to Travellers Will not Evict 40Form 11 Letter to Travellers Will Evict 39Form 12 Letter to Landlord Eviction Day Information 39Form 13 Health and Safety Assessment 39Form 14 Notice of Traveller Encampment Eviction 39


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AppendixB Roles of Officers1 Lead Officer 41

2 Legal Services 413 Public Protection 414 Property Management 41

5 Communications 416 Education/Children & Families/Community Care/Housing 417 Customer Help & Information Service 428 DSO/Transport/Cleansing 429 Flow Chart of Main Actions 42

AppendixC

Redbridge Policy1 Travellers Policy Statement 432 Council Racial Harassment Policy Statement 43

AppendixD Contact List (Restricted circulation) 45

AppendixE Police Protocol 47


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INTRODUCTIONPurpose of this Document

This document is intended to be a guide for action when the unlawful occupation of land by travellersoccurs. It is recognised not every set of circumstances can be catered for therefore this document hasto be flexible in its application. IT IS NOT INTENDED TO BE A SUBSTITUTE FOR LEGAL ADVICE. Thisshould always be sought from Legal Services.

For the purposes of this document a traveller is anyone who has unlawfully encamped on land. It isimportant to recognise the risks of attaching narrow definitions to the types of people who mayunlawfully occupy land. If the Authority did, it may find that it has discriminated against a group ofpersons by treating them differently to other groups of people. The objective of the document is tohave a procedure for dealing with anyone who has unlawfully occupied Council land.

Council Policy to be Considered when Dealing with Travellers The illegal occupation of land by travellers arouses strong emotions that can result in hasty decisionsthat may jeopardise the due process of law. The Council has a duty to balance the needs of thetravelling community with the rights of residents.

There are a number of policies that need to be taken into account, these are the Travellers Policyapproved at Strategy Committee in November 1998 the Councils Equal Access Policy approved byStrategy Committee and the Councils Racial Harassment approved by Strategy Committee. These arereproduced in full in Appendix C.

Government GuidanceThe government set out guidance for dealing with travellers in DoE Circular 18/94. A full copy of whichis held by Legal Services. This sets out most of the relevant issues for consideration when dealing withtravellers. In addition the Department of Environment, Transport and the Regions (DETR) has issued aGood Practice Guide on Unauthorised Camping. Again Legal Services have a full copy of this.

This document takes account of the information and good practice in both of these guides.

Key Legal Documents

Full and detailed explanations of the legislation and case law quoted here should be addressed to LegalServices.

Key Pieces of LegislationThe Criminal Justice and Public Order Act 1994 gave local authorities new powers for tacklingunauthorised encampments (section 77 and 78).


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The Caravan Sites Act 1968 gave local authorities a statutory duty to provide caravan sites for gypsies;this became a power in 1994. The Northview Caravan site in Redbridge is provided under thislegislation. The provision of a designated site meant that the Council had a fast track to the removal ofunauthorised occupations.

Key Pieces of Case LawThe Wednesbury Principle applies in respect of all decision making by local authorities. This derivesfrom Associated Provincial Picture Houses Ltd v- Wednesbury Corporation (1947) where it was ruledthat when making a decision a local authority should take into account all relevant factors and not takeinto account those factors that are not relevant.

In the cases of R v- Wealdon District Council Ex Parte Wales and R v- Bright and Hove Ex ParteMarmont it was ruled that when using powers under the CJOPA(94) the considerations of commonhumanity should apply as laid down in DoE Circular 1/94.

The Human Rights Act 1999This new piece of legislation will, when it comes into effect, incorporate the European Convention onHuman Rights into English law. Section 6 of the Bill makes it illegal for a public authority, including aCouncil, to act in a way that is incompatible with a Convention right. There are some exceptions but inour general day to day decision making we must ensure that:

Decision makers are aware of all the relevant factors before making decisions.

Careful records are made of the decision making process.

Decisions are made on the basis of all relevant matters, that irrelevant matters are disregarded

and a reasonable decision has been reached bearing in mind the fundamental rights of allpersons concerned.

This work book is designed to give pointers as to the steps the Lead Officer will take during an illegaloccupation and assist him/her to keep the required records.


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1.0 Initial Sightings/Reporting1.1 Establishing the Lead Responsibility

On first receiving a report on an illegal occupation the lead responsibility needs to beestablished. This will be the Chief Officer of the service holding the land that is illegallyoccupied. In the case of non-operational land it will be the Chief Property Manager. If theCouncil does not own the land, Public Protection will liaise with the Landowner and offer adviceshould it be required. If the site cannot be formally identified, Property Management willarrange for a visit by mobile security officers to establish the site.

The Chief Officer may designate a Lead Officer from within his/her service. In practice LeadOfficers should have been nominated in advance to avoid delays when an incident occurs. Chiefand Lead Officers must recognise the staffing and resource implications of dealing with an illegaloccupation. There are likely to be considerable disruptions to services whilst the occupation is

dealt with.

1.2 Out of Hours ProceduresThe action taken when Travellers first attempt to set up an unauthorised encampment is vital tosuccessfully containing problems. There is a standing instruction that trespass to council land isto be prevented if possible without undue risk to the personal safety of council staff. Until youare able to contact a senior officer this is sufficient authority for you to give instructions tosecurity staff or the Police to prevent any access or further access to any Council land.

Call received or passed to Security Officer at Ley Street Gate House. There is a standing Duty

Officer log to record details, including exact location, date, time, number of vans, descriptionof incident, person giving message with contact details, and their own details.

Parks Police should immediately be dispatched to visit the scene to report on circumstances.This should include identifying the land, whether it is council owned, the state of security andwhether access has already been gained. If this is the case, or access is imminent, the Policeshould immediately be requested to attend.

If it is possible to prevent trespass or further trespass without undue risk to personal safetythen this should be done. This should include securing or re-securing gates with chains andlocks, and using Council vehicles as a physical barrier if appropriate. If it is decided that the

risk to personal safety is unacceptable then personnel should move away from the entrancebut monitor it. Physical deterrents should not be removed as if trespassers do this to gainaccess they will be causing criminal damage. Alternatively if a member of the Councils staffremoves chains / locks etc. it could be seen as allowing access.

If Travellers are on Council land they should be told they are there without permission andasked to leave.


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If Travellers refuse to leave, the senior Police Officer on scene should be told this and formallyasked to use Police powers to direct the Travellers to leave. (The Police have powers underSection 61, Criminal Justice and Public order Act 1994 to direct unauthorised Travellers toleave immediately).

Contact should be made with the Head of Service having control of the land. (See schedule).

If the land is not Council Owned, the Police should be informed in order that they maycontact the owner. Details should then be reported to Public Protection on ext 85528/85520promptly the next working day.

Written notes of the sequence of events and actions taken should be made.

1.3 Guidance to Heads of ServiceThe action taken when Travellers first attempt to set up an unauthorised encampment is vital tosuccessfully containing problems. There is a standing instruction that trespass to Council land isto be prevented if possible without undue risk to the personal safety of Council staff. Until Out ofHours staff are able to contact a senior officer this is sufficient authority for them to giveinstructions to security staff or the Police to prevent any access or further access to any councilland and to take action to have travellers removed.

Responsibility for taking action should an unauthorised Traveller encampment occur rests withthe Head of Service having control of the land. If the land is not council owned then the Head ofPublic Protection assumes lead responsibility (the Councils role then is to provide advice to theowner and monitoring for nuisance).

The council has an agreed protocol for dealing with unauthorised Traveller encampments. Thisis in the form of a workbook which guides the lead officer through the complex proceduresneeded to investigate, make and implement decisions and communicate.

The London Borough of Redbridge and Metropolitan Police (Redbridge) have agreed a protocolfor dealing with unauthorised camping. Police have to immediately deal with the unauthorisedencampment and the use of this is covered in the protocol. A copy of the protocol is attached asappendix D.

The Out of Hours response is via the Gate House Security at Ley Street Depot. They havestanding instructions to record details, including exact location, date, time, number of vans,description of incident, person giving message with contact details. They will then contact theParks Police and Duty Emergency Officer.

If you are contacted by the Parks Police / Duty Emergency Officer and you are satisfied that theland is Council owned you should act to protect the Councils interest, even if the land is notunder your control. In the absence of the appropriate Head of Service you are empowered toact, and have a responsibility to do so.


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1.4 CommunicationsFactual information about the incident should be kept by the lead officer. This will be posted onthe borough e-mail system to all Heads of Service and other officers involved in traveller issues.

A pro forma for the collation of this information is attached in Appendix A (Form 2).

1.5 Dealing with the PublicIt is likely that the public will contact the Customer Contact Centre to tell us about theencampment. The Customer Contact Centre Supervisor should be informed as soon as possibleabout confirmed encampments. The Customer Contact Centre will then be able to informcallers that the Council is aware of the encampment. The Customer Contact Centre team willdirect callers requiring more information to the Lead Officer or an officer nominated by him/herwho will record the call on the log form. A pro forma for the log is attached in Appendix A (Form1). If the caller has a complaint it will be routed to Public Protection and recorded on their

database.


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1.6 Check listLead Officer (name) _________________________________

(ext) __________________________________(fax) __________________________________

Form 2 completed __________ (initials) __________ (date)

Form 2 posted on Outlook ___________ (initials) __________ (date)

Inform Customer Contact ___________ (initials) __________ (date)Centre


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2.0 Initial Action by Lead Officer2.1 Nomination of Investigating Officer

If the Lead Officer is not undertaking the investigation personally, an investigating officer shouldbe nominated to co-ordinate the investigation of any problems that may have been caused bythe unauthorised occupation. They will also be responsible for the collection of information.Any actions by staff should only be undertaken once health and safety considerations have beeninvestigated. For further details see form 13.

2.2 Liaison with PoliceIt is the responsibility of the Lead Officer to undertake liaison with the Metropolitan PoliceService and arrange for support for site visits and eviction as appropriate. The Police Serviceshould be asked for a named officer to act as the contact point for all dealings on traveller

matters.

2.3 Prevention of Further AccessIt is the responsibility of the Lead Officer to consider the prevention of further access byunauthorised vehicles. It is a matter of judgement, taking into account health and safetyconsiderations as to how such a barrier may be constructed.

2.4 Communication with Members and Corporate DirectorsIt is the role of the Lead Officer to inform the Ward Members and Committee Vice Chair and

Cabinet Member (Planning, Policy and Regulation) of the unlawful occupation and the stepsbeing taken to deal with it. Members should also be given copies of letters being sent toresidents and be kept up to date with developments.

2.5 Calling a Review MeetingThe Lead Officer should call an urgent review meeting within 48 hours of the initial sighting. Theinvited officers should be the Lead Officer, the Investigating Officer and nominatedrepresentatives of Public Protection, Facilities Management, Legal Services, Communications,Housing, Community Care, Children and Families Services, Education Services and Parks Police. Itwould be useful to have the Metropolitan Police Service in attendance. In practice service

representatives should be nominated in advance.

The tasks that will need to be completed before the review meeting are:

Firm identification of land ownership

Humanitarian enquiries


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2.6 ChecklistNomination of Investigating Officer

(name) ______________________________________(ext) ______________________________________

(fax) ______________________________________

Police Contact Point

(name) ______________________________________

(telephone) ______________________________________

(fax) ______________________________________

Health & Safety Assessment ______ (initials) _________ (date)

Inform Ward Members

_________________________ (name) _________ (initials)

_____________________________________ (phone/email)

_________________________ (name) _________ (initials)

_____________________________________ (phone/email)

_________________________ (name) _________ (initials)

_____________________________________ (phone/email)


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Inform Customer Contact Centre

_________________________ (name) _________ (initials)

_____________________________________ (phone/email)

Inform Corporate Communication

_________________________ (name) _________ (initials)

_____________________________________ (phone/email)

Inform Cabinet Member (Planning, Policy and Regulation)

_________________________ (name) _________ (initials)

__________________________________________ (phone)

Inform Committee Vice Chair

_________________________ (name) _________ (initials)

__________________________________________ (phone)

Call decision meeting _____________ Date __________ Time


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Invite

Investigating Officer _________ initial ____________ date

(appointed by Lead Officer )

Public Protection _________ initial ____________ date

Facilities Management _________ initial ____________ date

Legal _________ initial ____________ date

Corporate Communications _________ initial ____________ date

Housing _________ initial ____________ date

Community Care _________ initial ____________ date

Children and Families _________ initial ____________ date

Education _________ initial ____________ date

Police _________ initial ____________ date

Equalities Officer _________ initial ____________ date

Parks Police _________initial ____________date


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3.0 Action on Behalf of Other Landlords.The Criminal Justice and Public Order Act 1994 introduced new powers for local authorities toevict persons residing in vehicles from highway land, other unoccupied land or occupied land in

the area of that authority.

The authority to implement this power has been delegated to the Chief Officer Public Protectionin respect of privately owned land. Public Protection will appoint a Lead Officer in cases whereprivately owned land is occupied. If there appear to be grounds for evicting, the Chief OfficerPublic Protection will call a meeting to decide on the action to be taken.

It should be noted that to enable a decision to be properly made, the same enquiries would haveto be carried out as when an encampment occurs on Council owned land. Accordingly, the stepsset out in parts 5, 6 and 7 of this workbook will need to be followed.

As in all cases of unlawful occupation of land, the Council should not have a policy ofautomatically evicting all encampments on private land. Examples of when action will be justifiedinclude, but are not limited to, the following:-

where access to Redbridge Council owned land or services or public rights of way areaffected by the encampment;

where the land owner is a charitable or community organisation that has no means orresources for dealing with the encampment;

where there is a real risk to public health or order.

As with all unlawful encampments, any decision made in respect of private land, should becommunicated to ward members, together with Chair and Spokespersons of the relevantcommittee(s).


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4.0 Initial Site Visit4.1 Visit to Complete Occupation Pro forma

It should be remembered that the purpose of the initial visit is to establish whether there hasbeen an illegal occupation and to determine the ownership of the land by establishing wherethe occupation is taking place.

The Investigating Officer and another officer should visit the site as a matter of urgency toprepare a report for the Lead Officer. A risk assessment should be completed (Form 13 attachedin Appendix A) to consider the Health and Safety implications for staff, the public and thetravellers.

The investigating officer is required to complete the initial Site Visit pro forma (Form 3 attachedin Appendix A).

4.2 Establishing OccupationOccupation can usually be established if there are caravans, vehicles and people on site. Signs ofpermanence at the site should be noted. These may include smoke from chimneys, washinghanging out to dry, gas bottles or water containers. If the site is occupied and it is Council Landthe Council policy is to seek possession.

4.3 Checking Adjacent SitesThe Investigating Officer should assess the vulnerability of other sites in the area. There is little

point in securing an eviction if other sites are liable to be unlawfully occupied.

Other considerations include the size of the potential encampments, smaller sites are usuallyeasier to manage than larger ones, and the potential for conflict with settled residents.

It is also necessary to consider the consequential issues of the encampment including the futuresecurity of the site, the impact on adjacent neighbours and the wider community.

4.4 Establishing OwnershipWhen establishing ownership it is especially important that the exact site of the occupation is

known. A plan should be drawn showing the approximate position of the vehicles andstructures associated with the occupation. Investigating Officers should therefore take specialnote of the perimeters of the site, especially where the occupation is in fields or includes rerouted features such as rivers, roads or pathways.

Even if the ownership of the land is not in doubt, Legal Services will need to be instructed tocarry out land searches. If the Council does not own the land, the investigating officer shouldcontact the landowner, if known, to establish if the occupation is authorised.


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If it is ascertained that the land is privately owned, the Head of Public Protection will take over aslead Officer to deal with public health issues in consultation with the landowner. The Head ofPublic Protection will also offer advice to private landlords.

If a private landowner is not taking eviction action, which is leading to the denial of access tocouncil land, then consideration will be given to the Council taking proceedings against thetravellers.

4.5 Letter to OccupiersA sample letter giving notice of unauthorised occupation is included in Appendix A (Form 4). Acopy should be presented to each vehicle.

4.6 Provision of AmenitiesConsideration should be given to offering travellers amenities such as skips, refuse sacks,portable toilets and access to wholesome water supplies in accordance with Governmentguidance. It has also been easier to clear up sites if rubbish collection has begun at the start ofan occupation rather than trying to restore the site after repossession. The Investigating Officershould establish the travellers preferred amenities and what is needed on the site, but nopromises are to be given as this is a decision for the Lead Officer to make.

4.7 Information to Local ResidentsThe Lead Officer will make arrangements to deliver pro forma letters to local residents as soon aspractical. A sample pro forma letter is attached as Form 6 in Appendix A.

4.8 Report Back to Lead OfficerThe Investigating Officer should report back to the Lead Officer as soon as possible with theoutcome of their inquiries. Pro formas should be completed and made available at the DecisionMeeting.


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4.9 Checklist for Investigating OfficerHealth & Safety Check ________ initials ____________ Date

Arrange to takeMobile Phone _______ initials _____________ Date

Arrange colleague toAssist ________ initials ____________ Date

Complete Form 3 ________ initials ____________ Date

Establish Ownership ________ initials ____________ Date

Contact Legal ________ initials ____________ Date

Notice to Leave LettersTo each vehicle ________ initials ____________ Date

Letters to residents ________ initials ____________ Date

Consideration of Arrangements

Refuse bags Supply? yes/no _________ Initials

Skips Supply? yes/no _________ Initials

Water Supply? yes/no _________ Initials

Toilets Supply? Yes/no _________ Initials

Report back to Lead Officer _________ Initials


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5.0 Assessment Enquiries5.1 Investigation Requirements

The purpose of the investigations is to gain information to assist with decision making as towhether to evict and in particular whether there are humanitarian, welfare or legal reasons whythe travellers should not be evicted.

5.2 Liaison with PoliceThe Lead Officer should maintain contact with the Police Service to co-ordinate intelligence andarrange for Police support if necessary.

5.3 Liaison with Legal ServicesEarly liaison with Legal Services is essential. This will allow the legal officers to see report proformas, raise specific causes for concern for further investigation and allow the preparation ofcourt papers and reports to go ahead smoothly.

5.4 Attendance at Assessment Visit(s)The number of officers attending should be kept to a minimum, to reduce the potential forantagonism. The Lead Officer or the Investigating Officer will take the lead on the visits andshould be made by officers qualified to make decisions based on various legislation concerningthe welfare of vulnerable adults and children. A Health and Safety Risk Assessment should beundertaken before any visits to the site and appropriate back-up measures taken. Notice to

leave letters should be handed out if not already done at the initial visit stage.

5.5 Gathering of EvidenceThere is the need to be consistent in the collection of information. This may be achieved by oneofficer undertaking all of the pre-eviction interviews. This may reduce the likelihood ofduplication or misinterpretation of information. Officers should bear in mind the need to beobjective and the provisions of the Councils obligations under the Wednesbury principles toconsider all of the relevant information and to ignore irrelevant information. (see section 7.2below). These forms for the collection of information are attached in Appendix A (Forms 5 and8). Two officers working together, so that the correct caravan reference number can link the

vehicle identity to that of the occupants, should complete the forms in conjunction with eachother. A separate form (form 5) should be completed for each inhabited vehicle/structure.Evidence that will need to be gathered includes; title to land occupied, pre-eviction reports,evidence of illegal entry (if appropriate), and the proximity of vulnerable sites.


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5.6 Information to ResidentsResidents adjacent to an unauthorised site are likely to have considerable concerns. Action to

reassure them may include the drafting and circulation of letters letting them know that theCouncil has the situation under review and to increase in the number of uniformed patrols bythe police or borough security officers. Residents should also be provided with a telephonenumber for any complaints that they may have.

5.7 Communications StrategyThe Communications Service will liaise with the media, using information from the Lead Officer.


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5.9 Check listHealth & Safety Check ________ initials _______ Date

Arrange to takeMobile Phone ________ initials _______ Date

Arrange colleague toAssist ________ initials _______ Date

Complete Form 3 ________ initials _______ Date

Establish Ownership ________ initials _______ Date

Contact Legal ________ initials _______ Date

Notice to Quit LettersTo each vehicle ________ initials _______ Date

Letters to residents ________ initials _______ Date

Consideration of Arrangements

Refuse bags Supply? yes/no _________ Initials

Skips Supply? yes/no _________ Initials

Water Supply? yes/no _________ Initials

Toilets Supply? yes/no _________ Initials

Report back to Lead Officer (Investigating Officer) _________ Initials


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6.0 Review Meeting6.1 The Purpose of the Review Meeting:

1. To exchange information between officers;

2. To confirm that procedures have been followed;

3. To make a decision on whether to evict, tolerate or delay the decision in accordance with

legislation, Council Policy and guidance;

4. If a decision to evict is made, obtain authority from Legal Services then plan and co-ordinate

implementation;

5. Review necessary measures to mitigate nuisance on the land.

6.2 Making the Decision Whether to Evict or TolerateThe general rule when making a decision is that Local Authorities should take into account allrelevant matters and should not consider matters that are not relevant (the Wednesburyprinciple applies when deciding whether or not to evict). Any decision should be made withregard to humanitarian considerations.

The decision needs to be clearly recorded on the Decision pro forma (Form 9 in Appendix A).

The relevant factors when dealing with travellers are: the needs of the travellers, the nuisancebeing caused, the steps the Authority could take to minimise that nuisance and the need to

recover the land. The mechanism for eviction should be made in the light of advice given bypolice, legal, investigating officers and other officers who have carried out evictions.

DoE Circular 18/94 sets down most of the relevant issues and these are replicated in the newguidance. It notes that local authorities have obligations under Part III of the Children Act 1989,part VII of the Housing Act 1996 and educational responsibilities. It advises that local authoritiesshould liaise with other welfare agencies e.g. the Health Service, which may have responsibilitiesto the families.

6.3 Communication with TravellersFollowing the decision, another pro forma letter will be provided to the travellers advising themeither that the Council has decided not to evict at the current time and state the reasons, or thatthe Council has decided to evict and the steps that will be taken to implement that decision.(Forms 10 and 11 in Appendix A).


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6.4 Internal CommunicationsFollowing the decision a further position statement needs to be circulated by the Lead Officer

both internally and to Members. At this stage the Lead Officer should also inform the Police ofthe decision.

6.5 Communications with the CourtUnless agreed otherwise all contact with the courts and other legal institutions and firms will bevia Legal Services. This will ensure that the Councils interests are best served.


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6.6 ChecklistAgree attendance list for decision meeting ______ Initials

Note taker at meetingName _________________________ Extension __________

Completion of Form 9 ______ Initials _____________ date

Decision letter to ______ Initials _____________ datetravellers

New position statement ______ Initials _____________ date

Circulate position ______ Initials _____________ date

statement

Inform police ______ Initials ____________ date

Inform Customer ______ Initials ____________ dateContact Centre

Inform Ward Members ______ Initials ____________ date

Inform Corporate ______ Initials ____________ dateCommunications


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7.0 Legal ProcessThis section of the workbook is intended as an introductory guide to the avenues available tothe Council to gain possession of occupied land. It should not be considered as being

exhaustive and Legal Services should be consulted for further advice in relation to any particularencampment.

7.1 IntroductionAssuming that a decision is made to evict the travellers, the circumstances will sometimesdictate which legal procedure is more expedient. For the purpose of the protocol/workbook thepowers can be broadly defined as being the Councils powers either as a landowner or undersection 77 of the Criminal Justice and Public Order Act 1994 (CJPOA)

The former powers exist only in relation to land that the Council owns, either as the freeholder,

or under a lease and licence, providing that the Council is itself in possession of the land orentitled to immediate possession of the land. This means that if the Council has leased the landto another occupier then we are unable to seek a possession order as a landowner.

The powers under the CJPOA are available both in situations where the Council own the landand when the land is owned or occupied by another individual or organisation. In the case ofprivately owned land, please see paragraph 4 of the workbook/protocol.

7.2 Civil ProceedingsThese are commenced in either the County Court or High Court and relate to the rights of the

Council as a landowner. The Council has to prove ownership of the land and that the travellershave not been granted permission to occupy the land. The Lead Officer, or an officer appointedby the Lead Officer will have to swear an affidavit, or sign a statement, setting out thecircumstance of the occupation. The officer swearing the affidavit or making the statement willneed to be available to attend a court hearing to give additional evidence or to answer anyquestions that arise.

The Council will normally use a process server to service the necessary documentation on thetravellers.

After the hearing, the order will be enforced by the County Court Bailiff or the High Court Sheriff.

The Lead Officer will however need to make further arrangements for the eviction as listed inparagraph 9 below.

7.3 Criminal Justice and Public Order Act 1994This act sets out a two stage procedure for securing the removal of travellers from land. The firststage is to serve a direction under section 77 of the Act. This direction requires persons residingin vehicles on land to leave the land and take their belongings with them. Failure to leave theland as directed is a criminal offence as is returning to the land within three months of a


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direction being given. The Council may theoretically decide to prosecute for such an offence.Whether or not to do so would be governed by a number of factors, including the Code ofConduct for Crown Prosecutors. Further discussion on this issue is not relevant to thisdocument.

If the travellers fail to leave the land as directed the Council may apply to the magistrates courtfor an order allowing us to remove the travellers, and take such steps as necessary to secure theirremoval.

Once more the Council will usually rely on process servers to serve the direction and thesummons.

It will be necessary for the Lead Officer to attend the hearing to give evidence of the conditionson the land and the steps already taken by the Council to recover the land.

Enforcement of the order is the responsibility of the Council. Details of the eviction procedureare set out in section 9.

7.4 ComparisonsThe civil procedure relates to the land meaning that the possession order relates to recovery ofthe occupied land. Direction under the CJPOA is a personal direction. To be covered by anorder made by the magistrates court a person must have been present on the land when thedirection was given, and must have been served with both direction and summons.

The most important issue with regard to issuing proceedings to secure the eviction of travellers

is that each and every person residing on the land should be served with both direction andsummons.

7.5 Police Powers under the Criminal Justice and Public Order Act 1994Police have a discretionary power under Section 61 of the act that gives a power to removetrespassers on land. In order to exercise these powers, the senior police officer at the scene mustreasonably believe that two or more persons are trespassing on land and are present there witha common purpose of residing there for any period, that reasonable steps have been taken by oron behalf of the occupier to ask them to leave and

(a) That any of those persons has caused damage to the land or to property on the land orused threatening, abusive or insulting words or behaviour towards the occupier, amember of his family or an employee or agent of his, or

(b) That those persons have between them six or more vehicles on the land.

Should either of the above criteria be satisfied, the senior police officer on scene may directthose persons, or any of them, to leave the land and to remove any vehicles or other propertythey have with them on the land.


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If a person knowing that a direction above has been given which applies to him

(a) Fails to leave the land as soon as reasonably practicable, or

(b) Having left again enters the land as a trespasser within the period of three monthsbeginning with the day on which the direction was given,

He commits an offence and is liable on summary conviction to imprisonment for a term notexceeding three months or a fine not exceeding level 4 on the standard scale, or both.

A constable in uniform who reasonably suspects that a person is committing an offence underthis section may arrest him without a warrant.

Under this section, the term vehicle includes

(a) Any vehicle, whether or not it is in a fit state for use on roads, and includes any chassis orbody, with or without wheels, appearing to have formed part of such a vehicle, and anyload carried by, and anything attached to, such a vehicle; and

(b) a caravan as defined in section 29(1) of the Caravan Sites and Control of DevelopmentAct 1960.

A person may be regarded for the purposes of this section as having a purpose of residing in aplace notwithstanding that he has a home elsewhere.

Section 62 Criminal Justice and Public Order Act 1994Section 62 of the Criminal Justice and Public Order Act 1994 gives police a discretionarysupplementary powers of seizure. If a direction has been given under section 61 and a constablereasonably suspects that any person to whom the direction applies has, without reasonableexcuse-

(a) Failed to remove any vehicle on the land which appears to the constable to belong tohim or to be in his possession or under his control; or

(b) Entered the land as a trespasser with a vehicle within the period of three monthsbeginning with the day on which the direction was given,

the constable may seize and remove that vehicle.


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8.0 Eviction8.1 Pre-Eviction Meeting

The Lead Officer may need to call a meeting before the eviction. The invited officers should bethe Lead Officer, the Investigating Officer and nominated representatives of Public Protectionand Legal Services. It has also been helpful to have someone at the meeting who will be dealingwith the removal of any vehicles. It may also be useful to have the Metropolitan Police TravellerLiaison Officer in attendance.

The purpose of the meeting is to:

Co-ordinate information between Officers To plan and co-ordinate the eviction process. To review the health and safety risk assessment form 13

8.2 Informing ResidentsBefore the eviction the lead officer will ensure local residents are informed of the date of, and thearrangements for, the eviction. This will ensure that there is no problem such as blockedgateways and that towing vehicles can have access to the site etc.

8.3 Informing Other Lead Officers / BoroughsOnce a date for eviction has been agreed it is the responsibility of the Lead Officer to informother Lead Officers and Boroughs of the eviction date. This is to allow them to secure vulnerable

sites. A pro forma has been attached as form 14 in Appendix A. Contact details for TravellerOfficers in place at surrounding boroughs can be found in appendix C.

8.4 In relation to all evictions ensure that: - There has been liaison with local police regarding the date and time of eviction; Community Care, Children and Families and Housing Services have been advised of the date

and time of eviction; Other land owning departments are aware of the need to increase security; Members are advised of the date and time of eviction; Local residents have been advised of the date and time of eviction and that they should try

to avoid being on site at the time of the eviction; Tow vehicles (with tow bars) have been arranged; Arrangements have been made for the storage of any vehicles or caravans which have to be

removed from the site; Necessary works are arranged to repair any damage that has been caused to the land or that

would allow further access, and additional security measures are identified and if possibleimplemented;

Clean up operation has been arranged to take place as soon as possible after the eviction;


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Photographs, if not already taken, are taken to show the condition of the site at the time ofthe eviction

8.5 In relation to evictions under the civil procedure:-That a Council Officer is present at the eviction and is able to sign the warrant/writ to state thatpossession has been returned to the Council.

8.6 In relation to evictions under the Criminal Justice and Public Order Act 1994:-That the Council has clearly identified to the Police the powers under which we are acting:

That the details of any additional Travellers on the site since the order was served aredistinguished and available at the time of the eviction, and that a contingency plan hasbeen made for dealing with any additional Travellers. The police should also be advised

of this contingency plan; That Council staff/contractors are available and fully briefed as to their powers in relation

to enforcing the order; That consideration has been given to the use of private bailiffs to carry out the eviction; If it is thought eviction should be carried out by private bailiffs, such bailiffs are fully

briefed as to the time of the evictions and numbers of travellers involved.


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8.7 Checklist for Lead OfficerCall pre-eviction meeting ____________ date ________ time

_____________________________________________ place

Health & Safety Assessment ___________ initial _________ date

Supply / contract:Tow vehicles x 2 ___________ initial _________ date

Skips x 2 ___________ initial _________ date

Bailiffs ___________ initial _________ date

Police ___________ initial _________ date

Mobile Phones ___________ initial _________ date

Radios ___________ initial _________ date

Photographs of sitepost eviction ___________ initial _________ date

Warn Redbridge ___________ initial _________ date

Transport of possibleneed to provide vehicles

Complete Form 14 & ___________ initial _________ dateFax to other Boroughsvia e-mail internally(see Contact List page 4Other Local Authorities)

Set date for post- ___________ initial _________ dateEviction meeting

Site Security ___________ initial _________ date


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9.0 Post Eviction9.1 Security

Sites should be secured where practical and similar sites reassessed. If there is any likelihood offurther illegal occupation consideration should be given to additional security patrols, which isthe responsibility of Facilities Management. Any additional expenditure should be reported toand authorised by the Lead Officers.

9.2 Clean and ClearThis should be undertaken as soon as possible and the costs reported to and authorised by theLead Officer. Advice should be sought from Public Protection on public health issues. As soonas the eviction has taken place litter collection and disposal should be arranged. Specialist

contractors may be needed for the removal of human waste or fly-tipping.

9.3 CommunicationsThe Lead Officer should keep Members and Corporate Directors informed of the situation,especially with regard to Clean and Clear and security.

The Switchboard Supervisor should be informed of the clearance of the site so that he/she maydeactivate the recorded message and advise his/her staff immediately.

9.4 Post Eviction De-Briefing and Review of ProceduresThe Lead Officer may decide to call a post eviction meeting. The invited officers should be theLead Officer, the investigating Officer and nominated representatives of Public Protection,Facilities Management, Legal Services, Communications, Housing, Community Care and/orChildren and Families Services and/or Education Services.

The purpose of the meeting is: To disseminate information between Officers To de-brief on the process To consider whether any further action is required To consider whether changes to the workbook are necessary

The Lead Officer will prepare a brief report on the incident for consideration by the TravellersWorking Group, outlining the consequences of the occupation and eviction.

9.5 Reviewing the SiteFollowing the eviction the site should be kept under review to prevent re-occupation. If it is re-occupied by the same group of travellers different measures may be employed so accuraterecords will be necessary.


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9.6 ChecklistReview security of site ___________ initial

Review security of similar sites ___________ initial

De-brief meeting arranged (if required) ___________ time

_____________________________________________ place

Invite

Public Protection _______ initial ______________ date

Facilities Management _______ initial ______________ date

Legal _______ initial ______________ date

Communications _______ initial ______________ date

Housing _______ initial ______________ date

Community Care _______ initial ______________ date

Education _______ initial ______________ date

Investigating Officer _______ initial ______________ date

Police _______ initial ______________ date

Complete costs report _______ initial ______________ date

Report to Travellers _______ initial ______________ dateWorking Group

Report to Area _______ initial ______________ dateCommittee (Lead Officer)


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Public Protection Quality Management SystemTraveller WorkbookIssue Number 1.3 Issued June 07

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Appendix AList and Use of Forms

Form 1 Log of Officer ActivityForm 2 Contact FormForm 3 Initial Investigation

"Forms 1-3.xls"

Form 4 Unauthorised Occupation of Council Land letter

"Form 4.doc"

Form 5 Assessment (pre-eviction enquiries) Form

"Forms 5.xls"

Form 6 Sample Letter to Residents

"Form 6.doc"

Form 7 Residents Complaints FormForm 8 Schedule for recording vehicle detailsForm 9 Decision to evict Form

"Forms 7-9.xls"


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Form 10 Letter to travellers will not evict

"Form 10.doc"

Form 11 Letter to travellers will evict

"Form 11.doc"

Form 12 Letter to landlord eviction day information

"Form 12.doc"

Form 13 Health and Safety Considerations

"Forms 13.xls"

Form 14 Notification of encampment eviction

"Form 14.doc"


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Appendix BROLES OF OFFICERS1. Lead Officer:

Role is to co-ordinate the eviction of travellers, to be the central point for communication withMembers and Corporate Directors, and to receive information from officers assisting in theprocess, to be responsible for Health and Safety, to take decisions under delegated authority andto liaise with the appropriate Committee(s).

2. LegalTo undertake all legal action to facilitate the eviction, to offer advice and expertise in the

procedures to be implemented, to draft necessary documentation, represent the Council in courtaction and liaise with the Courts.

3. Public ProtectionTo ensure that the Councils Environmental Health responsibilities are carried out, to recordspecific complaints from the public, members and local residents, to report to the Lead Officerthe impact on public health of the encampment, to report statutory nuisances and to co-ordinate the Traveller Enforcement Group.

Where the Council does not own the land, the Head of Public Protection will assume the LeadOfficer role.

4. Property Management:To offer advice on the service area responsible for the land occupied and offer advice to theLead Officer on management issues.

5. Communications:To pass information to the local residents, to handle press enquiries and ensure that theCouncils policy is communicated clearly. The Communications Service is dependant on regularbriefings from the Lead Officer.

6. Education/Children and Families/Community Care/HousingThere should be just one officer nominated to undertake the assessment of the vulnerability ofresidents. This will prevent duplication. They will undertake pre-eviction enquiries to discoverwhether there are issues under the Children Act 1989, the National Assistance Act 1948, andEducation and Housing Acts etc. that the Council should consider.


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7. Customer Help and InformationAs it is likely that the public will contact the switchboard to tell us about the encampment CHISwill act as a conduit for receiving information from callers in the first instance. Switchboard

operators will direct callers requiring more information to the Lead Officer or an officernominated by him/her. CHIS will assist the Lead Officer by supplying an automated messageservice for the public, letting the public know, on a pre-recorded message that officers are awareof the occupation and are dealing with the situation.

8. DSO/Transport/CleansingTo offer advice and assistance about site clearance and the clear up of the site.

9. Flow Chart of Main Actions

"Travellersflowchart.pdf"


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Appendix C1.0 Traveller Policy Statement

The Council accepts that individuals and communities have the right to choose a nomadiclifestyle and that it is not part of the local authority role to discourage it. However, this does notexempt people following this lifestyle from considerations of nuisance or harm to other whichcan follow from.

The Council is not able to provide traveller sites/stopping places to meet the needs of travellers,owing to planning and resource constraints, other than the existing Northview Caravan Site,which is usually fully occupied.

The Council will not tolerate trespass on its own or anyone elses land. All communities andindividuals have rights and responsibilities to comply with the law. The Council will notcondone criminal behaviour of any kind and will work with other agencies to enforce the lawfully.

Consideration will be given to the provision of facilities as recommended in DoE Circular 18/94in relation to sanitation, wholesome water supplies and disposal of refuse.If the Council decides that eviction is the appropriate course of action this will be undertakenexpeditiously within the law and with respect to the rights and needs of the travellers.

2.0 Council Racial Harassment Policy Statement2.1 What is Racial Harassment?A simple definition is:An unwelcome or hostile act, or series of acts, based on racial grounds which is (are) offensive,harmful or objectionable.Some examples of this are: Threats or insults; Racist humour; Verbal abuse; Written materials; Graffiti

2.2 Council CommitmentThis Council is committed to eliminating racial harassment with Redbridge and providingand maintaining a safe environment for everyone.The Council recognises that racial harassment: Is unacceptable and has an adverse impact on the quality of life for citizens and the

efficiency of services provided by the Council; Is deplored by the vast majority of people who live in Redbridge; Has no place in a multi-racial community; Is a nightmare for the victim, destroying their self-confidence, health, peace of mind and

their trust in people;


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Can be criminal offence; Cannot be eliminated simply by having a written policy.

2.3 However because racial harassment exists the Council will: Work towards its elimination; Take a lead in dealing with it.2.4 What will we do?We will: Accept our responsibility for promoting positive race relations within Redbridge; Ensure firm action is taken against offenders; Give support to victims of racial harassment; Work in partnership with statutory and voluntary organisations and the community at

large to develop positive ways and means of eliminating racial harassment; Promote ways to increase public awareness of the damaging and humiliating effects of

racial harassment.

2.5 How will we do it?We will: Require our Service Areas to develop and promote procedures for dealing with racial

harassment, for example, on housing estates and in employment. Develop procedures for reporting, investigating and monitoring incidents of racial

harassment within Redbridge. Inter-agency reporting systems will be developed by theSafer Communities Partnership;

Support initiatives taken by other organisations to eliminate racial harassment;

2.6 How will we know if it is working?We will: Monitor the level of incidents reported to us; Use feedback from individuals, community groups and voluntary organisations on the

level of incidents within Redbridge; Review customer satisfaction of how well reported incidents were investigated.

What to do if you are Racially Harassed?If you are a receiver of Council services please use the Councils Compliments, Commentsand Complaints leaflet, copies of which can be obtained from any Council office.Even if you do not use our services we can still advise you on who to contact for help andsupport.


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Appendix DCONTACT LIST (Restricted Circulation)