Law on Gypsies, Travellers and Unauthorised Encampments

All authorities, and predominantly local councils, must accept the rights that gypsies (also known as ‘travellers') have, even when they are required to enforce removal from private land.

The law offers protection to gypsies and travellers through legislation set out in the Race Relations Act 1976 as well as the Human Rights Act 1998. Gypsies and travellers are afforded the same rights as all ethnic groups and should therefore not be discriminated against because of their values, culture or language.

The following guide explores the law on gypsies, travellers and unauthorised encampments more fully; explaining when gypsies and travellers can be moved on, who has the power to move groups on, how gypsy and traveller children should be educated and what you should do if your land is occupied by travellers.

Gypsy and Traveller Racism And Discrimination

There are some types of traveller who have had success in proving that they are a protected ethnic group, such as Romany Gypsies, which affords them the right to live free from racism and discrimination. Being classed as a protected ethnic group means that some gypsies and travellers may fall under the protection of the Equality Act 2010.

In some situations, indirect discrimination against these groups may be allowed, such as instances when registration with a body requires a fixed address. This would potentially disqualify a traveller or gypsy from certain areas of life, such as registering their child at a school. This type of discrimination would only ever be acceptable if the organisation can prove that there was a just reason for its actions, rather than their decisions having been made purely because the applicant was a gypsy or traveller.

Gypsy and Traveller Children's Education

All children, irrespective of how they live, are entitled to the human right of education as per the European Convention on Human Rights. This means that gypsy and traveller children are entitled to receive an education, and if their parents do not make provisions for this, they would effectively be breaking the law.

However, the legal system acknowledges that gypsy and traveller children may not be able to attend regular school in the same way as other children as their nomadic way of life means that they may not reside in the same area for long periods of time. With this in mind, many local authorities have a Traveller Education Service. This service aims to support traveller groups in sourcing and arranging suitable education for their children while they live in the area.

Many gypsy and traveller families will choose to home-educate their child, which is entirely legal. However, the local authority has the legal duty to ensure that this education is appropriate and meets the needs of the child. They are authorised to interject and enforce alternative educational arrangements if the home plan does not seem effective.

Do the police or local authority have an obligation to move gypsies and travellers on?

The police and local authorities are not legally obliged to move all traveller groups on immediately. Instead, they have the authority to use discretion in certain circumstances. The police and councils must abide by the civil and criminal laws and ensure that they act with due care and diligence to maintain the safety of the group and the wider public.

Can the police move groups on if they are trespassing?

The Police have a duty to maintain peace and to prevent crime. It is not illegal for a person or group to trespass on land, as this is classed as a civil matter. All landowners must aim to prevent trespassers themselves, and this is not the responsibility of the police.

When can the Police move gypsies and travellers on?

The Police are entitled to move gypsies and travellers on in certain circumstances as set out in the Criminal Justice and Public Order Act 1994. They can do this when they believe that two or more people are trespassing, and the landowner has tried to make them leave but without success. The police are also obliged to ensure that at least one of the following applies to the situation:

• That they gypsies or travellers have caused damage to the land or property
• That the group is using threatening or abusive behaviour against the landowner, his family or any agent working on his behalf
• The travellers or gypsies have six vehicles or more on the land

Can the council ever move gypsies or travellers on?

The council can attempt to move gypsy or traveller groups on if they are camped on council land without having obtained prior authorisation to do so. The council will be able to recover possession of the land through a County Court Order.

If the group is camped on any other land (business or private), it is the landowner's responsibility and the police should be contacted if attempts to move them on are unsuccessful.

The Council are not allowed to move gypsies and travellers on immediately. Instead, they must demonstrate that:

• The group is on the land without consent
• The legislation set out in the Human Rights Acts 1998 has been fully observed
• The owner of the land is established

What should I do if gypsies or travellers camp on my land?

In the first instance, you should attempt to talk to the group to request that they leave by an agreed date. Talk calmly and politely and try to build an open communication so that your arrangements can be made free from abuse, threats or tension.

If you are unable to reach a resolution, you can ask the police for support or apply to the County Court for an order that demands that the group move on.