Travellers have set up camp on a playing field in Chadderton and there will be a number of steps Oldham Council need to take if they are to be evicted.
The traveller way of life often involves moving from place to place around the country, setting up encampments in different places for varying periods of times.
When travellers arrive at a site, the landowner – whether private or the council – can take action to evict them
At the same time, there are laws that protect the traveller community from discrimination.
Here is an overview of the laws surrounding traveller encampments and their legal rights.
Camps on private land
If travellers have pitched up on private land, it is the landowner’s responsibility to move them on.
Landowners have the right to use “reasonable force” under common law to remove unauthorised camps on their land, which means it does not have to go through the courts.
However, this is not always advisable as this could result in criminal charges against the landowner if it is deemed that excessive force was used.
The government also advises landowners to inform the police if they are choosing to exercise their common law rights. They will be able to assist in any breaches of peace.
Action can also be taken via the civil courts or by asking the police to invoke Section 61 powers, which is used to remove trespassers. These are emergency powers and not used routinely.
The UK government advises that if the travellers are not causing a problem, then the sites can be tolerated.
Camps on council land
When a camp is set up on council-owned land, the local authority must first carry out welfare checks on the site. This is a legal requirement before eviction.
Local authorities will assess any health needs of the occupants, whether there are any school-age children on site, whether any of the occupants are pregnant or vulnerable, as well as their access to utilities and any sanitation issues.
After weighing up the welfare needs and any disruption caused by the settlement, local authorities may choose to allow a short stay.
Local authorities can also choose to issue a Direction to Leave under Section 77 of the Criminal Justice and Public Order Act 1994.
Most read
-
Cannabis dealer caught 'dangling teen out of window' in police raid
-
Child taken to hospital after collision at retail park in Royton
This is a written notice, which requires the occupants to leave within a specific time frame.
If the travellers fail to comply with the Direction to Leave, local authorities can apply to the Magistrates' Court under Section 78 for a removal order.
These processes normally take time and same-day removals are rarely possible.
Traveller rights
Throughout any eviction process, the rights of travellers will be considered.
Travellers are protected from discrimination under the Equality Act 2010. This applies to both Romany Gypsies and Irish Travellers as they have a particular culture, language and values.
Article 8 of the European Convention on Human Rights, the right to family and private life, can be evoked in cases of eviction as the nomadic lifestyle is part of traveller identity.
Share