As a local councillor, I’ve seen firsthand the difficulties and frustrations that arise with unauthorised encampments in our area. It’s a complex issue that often leaves residents asking, “Why can’t the authorities just move them on?” The answer is not straightforward, and here’s why:
Legal Protections and Rights
Firstly, everyone in the UK, including those in unauthorised encampments, is protected under the law. This includes the Human Rights Act 1998, which ensures the right to respect for private and family life. The people living in these encampments often include recognised ethnic groups, such as Gypsies and Travellers, who are protected under the Equality Act 2010. This act prevents discrimination and promotes equality before the law, complicating immediate enforcement actions without due process.
Criteria for Enforcement
The Police, Crime, Sentencing and Courts Act 2022 outlines specific conditions that must be met before police can intervene in unauthorised encampments. These include:
- Proving the encampment has caused significant damage, disruption, or distress.
- The need for actions to be proportionate to the issues caused.
- Consideration of whether any crimes committed are directly related to the encampment itself or are isolated incidents.
This means that even if illegal activities are occurring, they must be assessed carefully to determine the appropriate response.
The Challenge of Significant Harm
One of the biggest hurdles is the definition of “significant” harm or disruption. What might seem significant to one person may not legally meet the threshold required to enforce moving an encampment. Police must objectively assess the situation, which takes time and resources.
Multi-agency Coordination
Dealing with unauthorised encampments effectively requires coordination between multiple agencies, including the police, local councils, and social services. Each agency has roles and responsibilities that need to be aligned. For example, local authorities are often responsible for assessing the welfare needs of those in the encampment, while police handle the legal aspects of any potential crimes.
Available Resources
Another factor is the availability of lawful sites for encampments. The lack of adequate sites can hinder the resolution process. If there are no alternative locations for the encampment, it becomes challenging to justify eviction legally. At the time of writing, In Surrey there is a lack of transit site provision which is a major issue in respect of the authorities dealing with illegal encampment that occur within the county.
The Role of NPCC Operational Advice
The National Police Chiefs’ Council (NPCC) provides Operational Advice that serves as a key resource for police forces such as Surrey Police when addressing the issue of trespassing on land without consent. This document offers comprehensive guidelines that help ensure the police response is consistent, lawful, and considerate of all societal aspects.
The advice details the conditions under which the police can take action. It stipulates that for an encampment to be moved legally, specific criteria related to harm, such as significant damage, disruption, or distress, must be met. This is to prevent arbitrary or discriminatory enforcement that could lead to legal challenges or community tensions. The guidance also emphasises the importance of a proportional response, ensuring that the measures taken are appropriate to the level of disruption or harm caused.
Balancing Interests and Duties
The NPCC guidance also instructs police forces to balance the needs of all interested parties, which includes the individuals in the encampment and the local community. This balance is crucial to uphold the rights of those without consent to reside on the land and ensure any actions are justified and necessary. The document underscores the need for police to work closely with other agencies, such as local councils and welfare organisations, to address both the immediate and underlying issues of unauthorised encampments.
In practice, this means that before taking any enforcement action, the police must engage in a thorough assessment process. This includes considering the potential impact on children and vulnerable individuals, assessing the availability of lawful relocation sites (in Surrey there are non) and the possible outcomes of intervention. By following these guidelines, the police aim to handle situations with sensitivity and fairness, reflecting both the law and community values.
Public Perception and Communication
Misunderstandings and tensions can escalate when the public perceives that no action is being taken. Effective communication is crucial. I believe local authorities need to better explain the legal and ethical considerations involved, and why certain decisions are made. I do not think Surrey Heath Borough Council have ever done this effectively including when I was a Councillor there.
Conclusion
Navigating the management of unauthorised encampments is a balancing act between upholding the law, protecting the rights of all community members, and addressing the concerns of local residents. It’s a delicate process that aims to ensure fairness and justice for everyone involved.
I do believe that the goal of authorities in Surrey Heath is always to find a resolution that respects the rights and needs of both the encampment residents and the wider community. Understanding these challenges is the first step toward fostering patience and empathy among all parties involved.
Paul Deach 
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