Agenda item

Briefing Note of the Deputy Chief Executive (Place)

The Scrutiny Board considered a Briefing Note of the Deputy Chief Executive, Place, which provided an overview of unauthorised encampments in the City. In recent years, various areas of the City have experienced regular unauthorised encampments, some of which have caused concern, uncertaincy, disruption and, on occasions, conflict locally.

Unauthorised encampments tend to be seasonal in nature and occur between the months of April – September. Peak periods tend to occur locally around the Kenilworth Horse Fair which is held in April and September. Where possible, the Council seeks to protect its land with fortifications, which is a major undertaking, given the variety and number of parcels of land owned by the City Council. An Appendix to the Briefing Note contained details of the number of unauthorised encampments and a further Appendix detailed money invested in site protection, clean-up costs and eviction costs.

Addressing the issues arising from such encampments often requires significant resources from the Police and Local Authority. These agencies seek to ensure a positive, coordinated and informed approach to all aspects of management of unauthorised encampments, whether that relates to initial identification of such encampments, making assessments of the needs of persons on site (which is a legal requirement for public bodies), assessing and deciding upon the correct and proportionate course of action and, where necessary, taking enforcement action.

The Briefing Note detailed the 3 following possible courses of action in relation to unauthorised encampments on highways, council owned land or common land:-

  • Decision not to evict immediately

  • Decision to Evict (Local Authority Powers)

  • Decision to Evict (Police Powers)

In determining the course of action, a balancing exercise is undertaken between the rights of those encamped, the rights of the landowner, the rights of those lawfully entitled to use the land and the rights of the local community.

In relation to practice elsewhere in the region, in 2017, Sandwell MBC created a purpose built transit site for the travelling community. This action was accompanied by court injunctions prohibiting unauthorised encampments at 17 specific sites in their borough, which has been subsequently increased to a whole borough court injunction. In the event of an unauthorised encampment, the Police have agreed to use their powers under s.62 of the Criminal Justice and Public Order Act 1994, to immediately evict the unauthorised campers and direct them to the transit site. To date, it has not been necessary for the Police to use these powers in Sandwell.

This had had an impact on neighbouring local authorities. Wolverhampton MBC has seen a 24% increase in unauthorised encampments in their area. Wolverhampton have subsequently identified an area for their own transit site and are proceeding with this course of action. It is likely that other local authorities in this area will follow suit.

The Scrutiny Board questioned officers on aspects of the Briefing Note including:-

  • Issues relating to the Travellers site at Siskin Drive

  • Defences used at different sites in the City and their effectiveness

  • Action taken once an encampment takes place and information

    provided to Ward Councillors in relation to this

  • Clean up operations, particularly in relation to children’s play areas

  • The possibility of a transit site in Coventry

RESOLVED that the Communities and Neighbourhoods Scrutiny Board (4) notes the contents of the Briefing Note and:-

1)  Endorses the actions taken by officers to protect land owned by the City Council and deal with unauthorised encampments

2)  Requests that the Cabinet Member for Policing and Equalities be informed of the Scrutiny Board’s support for exploring the possibility of establishing a transit site in Coventry and that any proposals relating to this be considered by Scrutiny.