Redcar & Cleveland Borough Council. Gypsy and Traveller Strategy

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1 Redcar & Cleveland Borough Council Gypsy and Traveller Strategy

2 CONTENTS PAGE Context and Introduction 3 Legal Background 5 Regional/Sub Regional Working 7 Gypsy and Traveller Accommodation Assessment (GTAA) National Context 8 Gypsy and Traveller Accommodation Assessment (GTAA) Regional Context 9 Travelling Patterns in Redcar and Cleveland 10 Protocols for Sharing Information 11 Developing Gypsy and Traveller Services 12 Health and Welfare 13 Education 14 Liaison with Cleveland Police 16 Housing 17 Land Use Planning 17 Site Provision 19 Management of Local Authority Sites 20 Land Protection 21 Dealing with Unauthorised Encampments 21 Consultation 24 Communication of Strategy 25 Monitoring and Reviewing the Strategy 25 Local Authority Contact Details 26 Appendix 1 Unauthorised Encampment Procedure 27 Appendix 2 Code of Conduct for Gypsies and Travellers in Redcar & Cleveland 29 Appendix 3 Unauthorised Encampment Decision Framework 30 Appendix 4 Locations/Organisations provided with copies of the Strategy 32 Appendix 5 - Useful Links from the Communities and Local Government Website 33 2

3 CONTEXT Redcar and Cleveland Borough Council published its first Gypsy and Traveller Strategy in This document represents the second/updated Gypsy and Traveller Strategy, for the period This Strategy has been developed within the context of National and Regional guidance and policy, using new and existing information from a variety of sources such as best practice from other local authorities and agencies, and feedback from consultation with stakeholders, Gypsies, Travellers, businesses and resident communities. 1 INTRODUCTION 1.1 Redcar and Cleveland Borough Council has a population of 139,132. It covers an area of 24,490 hectares, one of the largest in the five boroughs of Tees Valley and is divided into 22 wards. A total of 1.1% of Redcar and Cleveland Borough Council s population is of ethnic origin and a smaller percent of these are from the Gypsy and Traveller communities (2001 Census). 1.2 Redcar and Cleveland Borough Council recognise that Gypsies and Travellers are a feature of British life and have been so for many centuries. Many Gypsies and Travellers live in caravans or other vehicles and follow a lifestyle that is nomadic or semi-nomadic in that it involves travel for part of the year. 1.3 English Gypsies and Irish Travellers are ethnic groups recognised by the Race Relations Amendment Act (2000). They have a right to a nomadic life style; to equal access to services such as education, health and accommodation; and to protection from discrimination and harassment. 3

4 1.4 The Aim of this Strategy is: To ensure a consistent approach to Gypsy and Traveller issues whilst allowing effective planning to deliver services appropriate to the needs of the Gypsy and Traveller communities. 1.5 The Objectives of the Strategy are: To balance the rights and needs of resident communities with those of Gypsies and Travellers. To manage unauthorised camping in an efficient and effective way, having regard to the potential level of nuisance for local residents and businesses and the rights and responsibilities of Gypsies and Travellers. To work with partners in other local authorities, the voluntary sector and Police to address issues of social exclusion amongst Gypsy and Traveller communities. 1.6 Scope This Strategy and associated policies and procedures relate to all travelling groups including non-ethnic Travellers since the issues associated with unauthorised camping are similar. The Unauthorised Encampment Procedure (Appendix 1) is relevant to land owned by the Council. The Procedure is not applicable to:- Gypsies and Travellers who reside on private land. Gypsies and Travellers who occupy a public highway (these are managed via relevant highways legislation). Non Gypsy and Traveller campers/encampments. Persons who reside in tents. 4

5 2 LEGAL BACKGROUND 2.1 The ODPM, now the Department of Communities and Local Government (CLG), issues guidance on Gypsy and Traveller issues. The following legislation is/may be relevant to how local authorities manage Gypsy and Traveller issues: The Human Rights Act 1998 (HRA) which incorporates the European Convention on Human Rights into British Law. The Act means that all evictions and enforcement decisions made by public authorities must be proportionate. A public authority must determine if the interference with Gypsy/Traveller family life is justified and proportionate. The Race Relations (Amendment) Act 2000 (RRAA) states public authorities have a general duty to eliminate unlawful discrimination, promote equality of opportunity and good race relations in carrying out their functions. Both Gypsies and Irish Travellers are now recognised as ethnic minorities against whom discrimination is unlawful. The Anti-Social Behaviour Act 2003 includes measures to tackle anti-social behaviour, littering and fly-tipping, Part 7 describes a police power to evict unauthorised campers where there is a suitable pitch available on a caravan site elsewhere in the local authority. The Criminal Justice and Public Order Act 1994 includes powers for use by the Police and Local Authorities to direct unauthorised encampments to leave land under certain circumstances. Where Local Authorities use this power they are required to carry out welfare assessments of the unauthorised campers. 2.2 Since February 2006, the CLG has also issued a number of guidance documents, which together with the above, provide the policy framework that will tackle the problems of unauthorised camping by delivering additional provision and more effective enforcement measures: Planning for Gypsy and Traveller Caravan Sites (Circular ODPM 01/06) contains new guidance in relation to planning for Gypsy and Travellers sites and replaces DoE Circular 1/94 Gypsy Sites and Planning. The new Circular places a 5

6 duty on local planning authorities to identify land for Gypsy and Traveller sites within their local plans (development plan documents), in line with need. Gypsy and Traveller Accommodation Assessments: provides guidance for local authorities on how to assess the accommodation needs of Gypsies and Travellers in line with Section 225 of the Housing Act Local authorities already assess housing need for the wider settled community and the Housing Act extended this duty to include Gypsies and Travellers. Local Authorities and Gypsies and Travellers: A Guide to Responsibilities and Powers is an explanatory booklet which sets out the new policy framework and the roles and responsibilities of local authorities in relation to site provision and effective enforcement. Guide to Effective Use of Enforcement Powers Part 1: Unauthorised Encampments is a joint ODPM/Home Office step-by-step guide on how to enforce effectively against problematic unauthorised encampments by Gypsies and Travellers. Guide to Effective Use of Enforcement Powers Part 2: Unauthorised Development of Caravan Sites provides information on how the planning enforcement system can be used to prevent the stationing of caravans on land in contravention of planning control. 6

7 3 REGIONAL/SUB REGIONAL WORKING 3.1 Even before the introduction of its first Strategy, the Council endeavoured to improve and contribute to sub regional and regional working regarding Gypsy and Traveller issues. The Minority Needs Support Officer developed and implemented the Sub Regional Gypsy and Traveller Communications Group covering the Tees Valley area. Members of this group are from a variety of agencies such as Health, Education, Police, Fire, Housing, Supporting People etc and include representatives from the travelling communities. To enable increased sharing of best practice, Gypsy and Traveller Liaison Officers from authorities outside of the Tees Valley also attend. 3.2 In addition to the above group, whilst developing services/protocols the Council recognised a need to identify key points of contact in each of the neighbouring authorities within Tees Valley. In response, the Council s Minority Needs Support Officer established an Inter-Authority Officer Communications Group. This has greatly improved communications allowing a more continuous response to service provision for the travelling communities across the Tees Valley, with an aim of providing a more consistent approach where possible. 3.3 Both the Regional and Sub Regional Housing Strategies include Gypsy and Traveller issues. In particular the Sub Regional Housing Strategy identified the understanding of Gypsy and Traveller Needs as a Strategic Priority. In order to address this and to improve consistency and efficiency the Council is committed to working on a regional and sub regional basis. Most recently, the five authorities within the Tees Valley (i.e. Middlesbrough, Stockton, Redcar & Cleveland, Hartlepool and Darlington) and the Joint Strategy Unit, have commissioned Salford Housing and Urban Studies Unit (SHUSU) to carry out a sub-regional study to determine actual need for future Gypsy and Traveller provision. 3.4 The Council s 2005 Gypsy and Traveller Strategy was identified as an example of good practice within the Tees Valley Sub Regional Housing Strategy (July 2007). 7

8 4 GYPSY & TRAVELLER ACCOMMODATION ASSESSMENT (GTAA) NATIONAL CONTEXT 4.1 In 1994 the duty on local authorities to provide sites for the Gypsy and Traveller populations was abolished. Since this time it is widely believed that the demand for provision far outweighs supply and the creation of unauthorised sites has been growing, often leading to growing tensions amongst the travelling and settled communities. In particular the wellpublicised unauthorised developments (the building of sites on land owned by the travelling community, where planning has not been approved or requested), which have grown over the last few years, have forced the Government to review its existing policies. 4.2 Following extensive consultation, the CLG responded in a number of ways to support both Local Authorities and the travelling communities in the form of guidance and policy changes. 4.3 It is difficult to establish accurately what the level of demand is within each local authority due to the transitory behaviour of Gypsy and Traveller communities and the possible presence of a hidden population that may exist in traditional housing (but who may have not identified themselves for fear of reprisal). 4.4 In recognition of this issue, and to ensure that the accommodation needs for the Gypsy and Traveller community is provided, the Housing Act 2004 Section 225 states that a Gypsy and Traveller Accommodation Assessment (GTAA) must been carried out by each local authority by the end of 2007 to ensure that the needs of their local communities are catered for. 4.4 The results of these assessments will directly inform the Regional Spatial Strategies and will feed into the Local Development Framework (LDF) Communities Development Plan Document (DPD) Policy. 8

9 5 GYPSY & TRAVELLER ACCOMMODATION ASSESSMENT (GTAA) REGIONAL CONTEXT 5.1 In 2006 White, Young and Green was commissioned by the North East Assembly (NEA) to carry out a regional based GTAA. The outcome of this report suggested an under-provision of pitches in the Tees Valley. 5.2 Based on this information, the five authorities within the Tees Valley (ie Middlesbrough, Stockton, Redcar & Cleveland, Hartlepool and Darlington) and the Joint Strategy Unit, commissioned Salford Housing and Urban Studies Unit (SHUSU) to carry out a sub-regional study to determine actual need for future provision. The final report is expected in March Following completion of this assessment, where a need to increase provision has been identified, it is anticipated that local authorities should begin to meet the accommodation needs of the travelling communities thereby leading to improved access to appropriate accommodation and other essential services whilst allowing them to continue their transient traditions. 5.4 In the long term, it is hoped that this will lead to a decrease of unauthorised encampments, whilst also reducing existing tensions that may be present between the travelling and settled communities. 9

10 6 TRAVELLING PATTERNS IN REDCAR & CLEVELAND 6.1 Since 2004, the Council s Minority Needs Support Officer (MNSO) has recorded comprehensive data regarding the movement of Gypsies and Travellers within the Borough. 6.2 The following data shows a reduction in the number of unauthorised encampments within the Borough (from November 2004 to September 2007). 6.3 This information shows that there has been a total of 28 unauthorised encampments between November 2004 to September Further analysis shows that 12 of the 28 encampments were associated with just one Gypsy/Traveller family - 8 were non-travellers. 10

11 7 PROTOCOLS FOR SHARING INFORMATION 7.1 Redcar and Cleveland Borough Council recognises that the collection and sharing of information is essential in order to manage Gypsy and Traveller matters in a proactive manner. 7.2 Redcar and Cleveland Borough Council shall seek information via: Consultation with Gypsies and Travellers within the Borough, the Sub region, the North East region and nationally. Engaging in regular information exchanges with settled communities in proximity to authorised and unauthorised sites/encampments. Engaging in regular information exchanges across Council services, neighbouring local authorities, with elected Members and other agencies. 7.3 The sharing of information between relevant bodies enables effective planning to deliver services appropriate to the needs of travelling communities whilst fostering better relations between Gypsies and Travellers and the settled community. 7.4 Redcar and Cleveland Borough Council shall share information via: Bulletins to relevant Council services. Bulletins to Councillors within the Borough. Public Bulletins via the Gypsy/Traveller web page on Redcar and Cleveland Borough Council s Website. Notification of the movement of Gypsies and Travellers to, from and within the Borough to neighbouring authorities, Travellers Educations Services, Health and Cleveland Police. 11

12 8 DEVELOPING GYPSY AND TRAVELLER SERVICES 8.1 Redcar and Cleveland Borough Council will continue to identify gaps in Gypsy and Traveller services. Where gaps are identified the Council shall take the lead role in addressing these needs. 8.2 In order to ensure that the future development of services is appropriate and relevant, the Council has established a Sub Regional Gypsy and Traveller Communications Group covering the Tees Valley area. Members of this group are from a variety of agencies such as Health, Education, Police, Fire Department, Housing, Supporting People etc and include representatives from the travelling communities. To enable increased sharing of best practice, Gypsy and Traveller Liaison Officers from authorities outside of the Tees Valley also attend. 8.3 For the period the following are considered to be priorities for development: Adoption and implementation of the reviewed Strategy. Provision of Health Drop-in Services at the Haven Residential Site, South Bank and improvement of access to health care for the Gypsy and Traveller population within the Borough. Re-introduction of the Homeworking Group and/or homeworking facilities for Gypsy/Traveller children with an existing local voluntary group. Provision of comprehensive advice and information to the Gypsy and Traveller community. Regular reviewing/updating of local policies and procedures associated with Gypsy/Traveller issues. Improved Ethnic Monitoring - ensuring all Redcar & Cleveland Borough Council ethnic monitoring information includes English Gypsies and Irish Travellers. Establishment of a group of Gypsy/Traveller representatives to attend local community group meetings such as Community Cohesion, Multi-cultural Association, Awareness Raising Training sessions, etc. Supporting the improvement of facilities at the Haven site and its full re-occupation. Monitoring and recording the movement of Travellers in, out and within the Borough. 12

13 9 HEALTH AND WELFARE 9.1 Upon arrival within the Borough, all Gypsies and Travellers will be visited by the Council s Minority Needs Support Officer who will carry out a welfare assessment. Any identified needs will be addressed via referrals or signposting to relevant agencies. Gypsy and Travellers will be provided with relevant information on local services. Details of local health facilities will be provided. Welfare assessments will be recorded and updated as/when is necessary. 9.2 In order to demonstrate a commitment to improving the health of Gypsy and Traveller communities within the Borough, a Gypsy and Traveller Health Needs Assessment began in 2004 by the Public Health Locality Team 7 from Middlesbrough Primary Care Trust working in partnership with Grangetown and South Bank Surestart, Redcar and Cleveland Borough Council and other interested community groups. The assessment process identified that Gypsies and Travellers wanted a health drop-in at the Haven Gypsy and Traveller Permanent Residential Site at South Bank. 9.3 The health drop-in was opened in June 2006 and provided an ideal forum for delivering health and other services until the site was closed in January When the site re-opens, Health services will continue to provide health care advice and assistance to site residents including use of the model developed in 2006 operating in partnership with all interested agencies. 9.4 The Health Needs Assessment is available to download by accessing the RCBC website under Gypsy and Traveller Information Exchange. As a result of partnership working the Team has found the process challenging but rewarding and looks forward to working closely with this community and further developing services to meet their ongoing needs 13

14 10 EDUCATION 9.1 Redcar & Cleveland Borough Council actively supports the process of Inclusion that enables all children and young people to have their needs and aspirations met within their local communities, where they feel valued, secure, have a sense of belonging and where barriers to participation and achievement are identified and removed Travelling children have the same rights to go to school as any other child. This right is facilitated in Redcar & Cleveland through the Traveller Education Service. The Service, within this Borough, has made significant progress to ensure that Traveller children, wishing to access mainstream schools, will be enabled to do so The Traveller Education Consortium provides services to Gypsy and Traveller children across Redcar & Cleveland, Stockton and Middlesbrough. This service provides the following core activities: - Informing Traveller families (within two working days of notification of arrival) of how to access school for their children. Helping children integrate into school both socially and educationally in partnership with teachers by providing short-term pastoral and/or in school support. Advising schools on the preparation of distance learning packs and supporting their implementation. Raising awareness in schools about Gypsy and Traveller lifestyles and culture including issues that may affect attendance. Supporting schools in encouraging transfer from pre-school to primary and primary to secondary school. 14

15 10.3 Attendance at School The position of Traveller children is recognised by Section 199(6) of the Education Act 1993 that protects parents from conviction if they are engaged in a trade or business that requires them to travel from place to place. The child should attend school as regularly as the trade permits and after the age of 6, should make at least 200 attendances during the preceding 12 months. Parents should ensure that children receive suitable education when not in school. Some schools in these circumstances are able to maintain contact with the children by outreach work or distance learning packs. Some reasonable latitude on absence may be offered in respect of families who have moved away from, or have been evicted from unauthorised sites while the family finds another site. School Attendance Policy and Practice on the Categorisation of absence. (DfEE 1994) 10.4 If, after an initial period of assessment, a child is identified as having learning difficulties or any other special need not related to lack of schooling, s/he is entitled to the same support services (eg learning support, hearing impaired and behaviour support services) as any other child in school Where mainstream school is not appropriate, the Authority will support the provision of individualised distance learning and other alternative provisions Redcar & Cleveland Borough Council supports the provision and development of adult education services for Gypsy and Traveller groups. Where gaps are identified, the Education Service will take a lead role in addressing these needs. 15

16 11 LIAISON WITH CLEVELAND POLICE 11.1 The Borough is covered by the Redcar and Cleveland District of Cleveland Police, with District Headquarters based at Kirkleatham Business Park. Redcar and Cleveland Police will work closely with the Local Authority and landowners should there be any unauthorised encampments, despite trespass being a civil matter. The District s Minorities Liaison Officer (MLO) has responsibility monitoring and negotiating with Travellers within Redcar and Cleveland, liaising with the Local Authority and landowners and other partner agencies and continually reviewing the need for Police intervention For unauthorised encampments, the MLO, in consultation with the Council s Minority Needs Support Officer, will visit the site and assess any likely effects on others by the establishment of the camp. Periodic visits by the MLO or other Police officers will be effected to monitor the situation, and to reassure all communities. The value of these visits will be enhanced if they are carried out jointly with a Local Authority Support Officer Whilst the Local Authority/landowner will, in the first case, take the lead role in engaging with encampments situated on their land, the Police will monitor any impact on community tensions, and deal with any instances of Criminal or Anti- Social Behaviour, by any and towards any person(s). Full support will be afforded to members of an encampment who are victims of crime, which may be recorded as a Hate Crime The MLO will continually appraise the Council s Community Safety Division regarding the status of any unauthorised encampment and actions taken by the Local Authority, and offer any help and assistance to any party as deemed necessary The Police will take no role in the removal of an unauthorised encampment unless the Local Authority/Landowner has taken all reasonable steps to require the encampment as appropriate to leave the land using powers and legislation available to them. A Senior Police officer will assess all information and decide whether Police involvement is appropriate, and whether action should be taken using powers available under the Criminal Justice and Public Order Act All Police decisions and actions will be made in compliance with the provisions of the Human Rights Act 1998, and will be necessary to protect the rights and freedoms of all persons concerned with an unauthorised encampment. 16

17 12 HOUSING 12.1 The Council s Minority Needs Support Officer will act as an advisor for families who wish to be considered for permanent accommodation with local housing providers. Some Gypsies and Travellers choose to take up this option but it is recognised that this will always be a minority Moves into settled accommodation may require support. Where support services are identified as necessary, the Council will refer cases to the relevant agencies Housing related support needs will be assessed during the initial welfare assessment carried out by the Minority Needs Support Officer. The Minority Needs Support Officer will assist/arrange for assistance in completing housing related forms such as Housing Benefit application etc. 13 LAND USE AND PLANNING 13.1 Government guidance advises that Gypsies, Travellers and Travelling Show people should be consulted when determining priorities for development. Their needs should be identified as part of the Local Housing Strategy. The Local Development Framework (LDF) should identify the location of appropriate sites The Tees Valley Gypsy and Traveller Accommodation Assessment (2007) (GTAA) is currently underway and will inform the LDF Communities DPD policy for Gypsy and Travellers site provision. It is anticipated that a site criteria policy will be included in the forthcoming Communities DPD. 17

18 Policy H15 (Local Plan Policy ) is the current relevant policy for determining planning applications for sites for Gypsies and Travellers. In assessing any application, the Council will have regard to the suitability of the site especially for the quality of its residential environment and its proximity to local services as follows: Applications for gypsy caravan sites will be granted planning permission where the following criteria can be met: o the size of the site is adequate for the number of pitches proposed and to accommodate sufficient screening o the site is capable of being adequately serviced o the site is reasonably close to schools and medical services o the site provides a suitable residential environment and o some separation and isolation exists between the proposed development and existing or proposed housing areas Policy H15 will be reviewed following the completion of the GTAA and as the Communities DPD is progressed to adoption in The Adopted Development Plan a Guidance Note (July 2007) sets out the relevant policies in use for both the Local Plan and Local Development Framework (LDF). After 27 September 2007, the Adopted Development Plan will consist of the LDF Core Strategy and Development Policies DPDs and the saved policies of both the Tees Valley Structure Plan and Redcar & Cleveland Local Plan. 18

19 14 SITE PROVISION 14.1 Redcar and Cleveland Borough Council currently provides one permanent residential site, The Haven at South Bank. There are 13 pitches plus a Warden s pitch, each of which includes an amenity block that contains a separate toilet, a bath and kitchen area, plus access to water and electricity supplies This site is currently closed for repair and will be re-opened on a lease basis. The Lease has been offered to an experienced local site operator who is keen to develop and expand Gypsy and Traveller facilities within the site The Council recognises that there are more Gypsy/Traveller caravans in circulation than there are authorised sites for them to stay. Research carried out on behalf of the CLG indicated that 4,500 additional pitches were needed across England between 2002 and However, it is also recognised that clear regional and local planning authorities will need to assess the level of need and start identifying more appropriate land for sites The results of the Gypsy and Traveller Accommodation Assessment carried out in 2006 for the North East Region indicated the likelihood that further provision would be required within the Tees Valley area. A further in-depth subregional study is currently ongoing and Redcar and Cleveland is awaiting these results which will determine whether this Borough will need to make further provision. Any increases in site provision will be subject to full consultation Currently there is no provision for transits sites or stopping places with the Borough. This compromises the ability of the Authority to deal with unauthorised encampments. The Council therefore operates a toleration policy when dealing with unauthorised encampments as detailed at Appendix 1. 19

20 15 MANAGEMENT OF LOCAL AUTHORITY SITES 15.1 There are no specific legal requirements for issues relating to site management. Site management practices are considered to be a matter for local discretion. There are three main management style options: Sites which are owned and managed by local authorities; Sites which are owned by the local authority and managed by a non-local authority person or body such as a Gypsy/Traveller body on behalf of the local authority; Sites which are owned by the local authority and leased/operated by a Gypsy/Traveller person/body 15.2 Following previous consultation, it was identified that leasing of the Haven Site, South Bank is the preferred option of site management. The Lease has been offered to an experienced local site operator who is keen to develop and expand Gypsy and Traveller facilities within the site. It is anticipated that the site will be re-opened early The CLG is expected to publish Guidance on the Management of Gypsy and Traveller Sites during Once published the Council and the Haven site leaseholder will endeavour to comply with the guidance where possible. 20

21 16 LAND PROTECTION 16.1 Undertaking works to prevent access on to land by Gypsies and Travellers so as to avoid unauthorised entry and encampment has an important role to play, especially in some urban areas. However, undertaking such works needs to be carefully considered Protection of some land can simply transfer unauthorised encampments to more obtrusive locations. Public money spent trying to protect sites that are difficult to defend is often a waste of resources that could be more productively deployed for the creation of acceptable temporary stopping places The Council s Land Protection Strategy is as follows: Protection of local authority land should be carried out on a planned basis and only covers areas of land where encampments would cause or have caused unacceptable problems Each case will be considered on it merits, with the completion of a risk assessment in order to determine if protection of local authority land is beneficial So as to ensure that there are adequate places for Gypsies and Travellers to stop without causing disruption, land protection shall be weighted in accordance with the provision of transit sites and emergency stopping places. 17 DEALING WITH UNAUTHORISED ENCAMPMENTS 17.1 Currently there are more Gypsy/Traveller caravans than there are authorised places for them to stay. Government research has estimated that 4,500 additional pitches were needed across England between 2002 and In recognition of this issue, the Government have implemented measures to address the issues related to unauthorised encampments whilst increasing site provision. 21

22 17.2 Having regard to the current shortages, it is likely that unauthorised encampments will continue to take place within this Borough. In order to ensure adequate planning and preparation for unauthorised encampments, the Council will apply its Unauthorised Encampment Procedure as set out at Appendix Redcar and Cleveland Borough Council will consider each unauthorised encampments on an individual basis balancing the welfare needs of Gypsies and Travellers with those of the resident communities Redcar and Cleveland Borough Council recognise that Gypsies and Travellers, other agencies/departments, elected members and members of the settled community should be kept informed about what is happening with unauthorised encampments. Communication shall be provided by the following methods: Unauthorised campers shall be clearly informed about what is expected of them and what is going to happen. A Code of Conduct (Appendix 2) will be supplied and explained in person by the Minority Needs Support Officer. Local residents/businesses shall receive updates via the Gypsy/Traveller webpage on the Council s website. Elected members and other relevant Council Services/agencies shall be provided with a regular update via Consultation on the Strategy and ongoing management of unauthorised encampments within this Borough has highlighted that a significant proportion of the resident community are concerned that currently, Gypsies and Travellers who stay on unauthorised sites in this Borough, are excluded from contributing to the costs of public services within the Borough whilst presence on such sites requires essential services such as refuse collection. Therefore, in order to ensure that Gypsies and Travellers are provided with essential services, all unauthorised encampments will be provided with refuse collection services and toilet facilities where required. Gypsies and Travellers will be required to pay for these services in advance of this provision The Strategy has been prepared to ensure a consistent approach by providing guidelines and a framework, which will be utilised by local authority officers when managing unauthorised encampments. 22

23 17.7 In order to ensure fair, consistent and transparent decisions are made regarding unauthorised encampments, decisions will be made by a team of relevant officers known as the Case Conference Group. The Group will be provided with relevant information regarding the encampment including any health and welfare issues. This Group consists of: Minority Needs Support Officer Housing Area Services Manager Regeneration Representative Planning Services Representative Area Management Representative Cleveland Police Minority Liaison Officer Housing Client Services Manager Legal Services Representative Head of Housing Valuation Representative Cleveland Fire Brigade Representative Travellers Education Services Representative 17.8 When considering all matters associated with unauthorised encampments, Redcar and Cleveland Borough Council will have regard to the CLG s Guide to Effective Use of Enforcement Powers - Part 1: Unauthorised Encampments February 2006, which must be read in conjunction with the Government s publication Guidance on Managing Unauthorised Camping February Redcar & Cleveland Borough Council s procedure for dealing with unauthorised encampments is detailed in Appendix Where the eviction procedure is implemented, specific legal processes and their associated time scales will be followed. 23

24 18 CONSULTATION 18.1 Following publication of the Gypsy and Traveller Strategy in April 2005, a process of consultation has taken place during its review in 2007 via an on-line questionnaire located on the Redcar and Cleveland Website, , letters and one-toone sessions. More than 120 organisations and individuals have been contacted as part of the consultation exercise. In addition, all Redcar & Cleveland Borough Council Members were contacted regarding the consultation Contact has also been made with individuals who have expressed interest in the Strategy when first published in 2005 including Gypsies and Travellers currently residing in this Borough, national Gypsy and Traveller organisations, relevant agencies and internal Council Departments/Services The quantity of feedback, regarding the review of the Strategy was lower than that received for the original consultation exercise undertaken in 2004/2005. The main strategic issues which were raised during this current consultation period related to the Councils toleration policy. Specifically, consultees suggested that more information should be provided regarding decision making associated with the toleration of encampments and comments that the toleration policy should be removed or made more assertive. In addition a number of comments were made relating to specific locations which have been subject to a number of unauthorised encampments In response to the feedback, the Strategy has been amended as detailed below: Inclusion of additional information on how decisions are reached regarding unauthorised encampments. Amendment of the Unauthorised Encampment Procedure to include reduced toleration where spaces are available on authorised site(s) within the surrounding area. Amendment of the Unauthorised Encampment Procedure to include the addition of residential locations which have been subject to an unauthorised encampment in the previous month within the definition of an unacceptable location. 24

25 19 COMMUNICATION OF THE STRATEGY 19.1 In order to ensure that Gypsy and Traveller matters are dealt with in an effective and consistent manner, the Strategy will be published and widely distributed. Appendix 4 details locations/organisations provided with copies of the Strategy In addition to availability at all Council offices, Town/Parish Council offices and libraries with the Borough, the Strategy will be published on the Redcar and Cleveland Borough Council s Website ( 20 MONITORING AND REVIEWING THE STRATEGY 19.1 In order to allow sufficient time for the Strategy to become effective and ensure that evaluation is accurate; a further review will take place five years after implementation Redcar and Cleveland Borough Council will take lead responsibility for monitoring the effectiveness of the Strategy. The following will be subject to routine monitoring: Protocols and arrangements for partnership working Recording the number and nature of unauthorised encampments The use of authorised sites within the Tees Valley and neighbouring authorities within North Yorkshire and the North East Region Seeking feedback from the community and the Gypsy and Traveller Communications Group Where necessary, further protocols and procedures may be produced in order to assist with the effective implementation of this Strategy or future statutory developments associated with Gypsy and Traveller issues. 25

26 21 LOCAL AUTHORITY CONTACT 21.1 Further information regarding this Strategy may be sought from the following contacts: Donna Cotterill, Minority Needs Support Officer Tel: Jane Bayley, Housing Options Development Manager Tel: Stella Forrest, Housing Client Services Manager Tel:

27 UNAUTHORISED ENCAMPMENT PROCEDURE APPENDIX 1 General Procedure Step 1 Step 2 Step 3 Step 4 Upon notification of an unauthorised encampment, the Minority Needs Support Officer (MNSO) will carry out an initial site visit. Officers will determine if the site is on local authority land. The MNSO will check if there are any available pitches/space on authorised sites in the Borough or at neighbouring authorities in the Tees Valley and North Yorkshire. Where suitable spaces are available within reasonable distance the encampment will be directed/required to move immediately. Where it is determined that the site is on local authority owned land (and no suitable spaces are available on authorised sites), a decision will be taken as to whether the site can be tolerated for any period of time. In order to determine this, assessment as to whether the site is in an unacceptable location will be undertaken. An unacceptable location is: 1. A site of Special Scientific Interest or where it would affect a sensitive environment or wildlife 2. A school car park or playing field 3. A park, recreation ground or playing field 4. A village green or other open area within a residential area. 5. A verge of a busy road where an encampment would pose a danger to motorists and campers 6. Car parks 7. Locations where there is a significant health and safety risk to campers 8. Locations where an active encampment is likely to have an immediate impact on investment potential 9. Any residential locations which have been subject to an unauthorised encampment in the previous month. (please note this does not include non traveller encampments). 10. A location considered to be unsuitable by local authority officers Step 5 Step 6 Where a site is considered to be in an unacceptable location, Officers shall implement the eviction procedure. Where a site is identified as not being an unacceptable location the officers shall implement the toleration policy. 27

28 Eviction Procedure Step 1 Step 2 Step 3 MNSO completes Unauthorised Encampment Summary Information and submits it to the Case Conference Group Case Conference Group considers the Unauthorised Encampment Summary Information and using the Unauthorised Camping Decision Framework (Appendix 3), decide proposed action regarding the site. Evict: Tolerate: Refer to Democratic and Legal Services. Monitor site in accordance with toleration procedure. Toleration Procedure Step 1 MNSO carries out site visits in order to monitor conditions and circumstances at the site. The following matters will be monitored: Confirmation of persons/vehicles Compliance with Code of Conduct Public Health issues Welfare/health needs of Campers Compliance with agreed departure date Step 2 Step 3 Encampments will be provided with/arrangements will be made for the provision of the following essential services within 2 days of implementation of Toleration Procedure: Domestic refuse collection Toilet facilities (portaloos) Drinking water Campers will be required to pay for the provision of services. Where payment is not received/refused the Eviction Procedure shall be implemented. MNSO will submit Unauthorised Encampment Summary Information to the Case Conference Group Step 1 and 2 will be repeated until: or Campers leave in accordance with agreed departure date, Eviction procedure implemented. 28

29 APPENDIX 2 CODE OF CONDUCT FOR GYPSIES AND TRAVELLERS IN REDCAR & CLEVELAND Redcar & Cleveland Borough Council expects the same standards of behaviour by Gypsies and Travellers as are expected of the settled community. In reaching a decision as to whether or not an unauthorised encampment may be tolerated, the Council will consider (amongst other factors) your compliance with the following Code of Conduct. Gypsies and Travellers will: Keep the site and surrounding area clean and tidy and free from damage. Ensure that waste is disposed of properly. Travellers will be permitted to take their domestic waste to Authorised Depot s for disposal. Please note skips can be provided where Travellers agree to contribute to the costs. Keep animals under control and ensure permission is sought from landowners prior to grazing animals. Not cause any nuisance to neighbours or damage any property. Not light fires that produce dark smoke or cause nuisance to others. Advise the Council of their intended departure date. Leave the encampment on the agreed departure date. Leave the site in a clean tidy condition. Not occupy the same land again for a period of at least 3 months. Should you require any advice or information regarding the Code of Conduct or any other matter associated with Gypsies and Travellers please contact: Donna Cotterill on Tel Please note that; whilst the Council may consider that it is able to tolerate an unauthorised encampment on its land for a limited period of time, occupants of such encampments will remain trespassers. The Council, therefore, reserves the right to take such action as it deems necessary to secure removal of an unauthorised encampment at any time. 29

30 UNAUTHORISED ENCAMPMENT DECISION FRAMEWORK APPENDIX 3 Following consideration of the Summary Information, the Case Conference Group (CCG) shall use the following framework to assist the decision making process. Name of Unauthorised Encampment/Reference Officers Present Please tick to confirm attendance Minority Needs Support Officer (MNSO) Regeneration Services Representative (RSR) Housing Client Services Manager (HCSM) Planning Services Representative (PSR) Housing Area Services Manager (HASM) Valuation Services Representative (VSR) Legal Services Representative (LSR) Head of Housing (HH) Cleveland Fire Brigade (CFB) Area Management Representative (AMR) Cleveland Police (Redcar District Minorities Liaison Officer) Travellers Education Services (TES) Matters to be Considered Yes No N/A 1 Is the site considered to be an unacceptable location (as defined in Gypsy & Traveller Strategy)? Q1 Guidance; Subject to question 8, where assessment indicates that the site is considered to be an unacceptable location the CCG should recommend that the eviction process shall be commenced. 2 Are there sufficient available pitches/space at neighbouring authorised sites? 3 Are there any formally actionable public health issues/evidence of statutory nuisance currently associated with the encampment? 4 Have we received any justified and proportionate complaints associated with the encampment? 5 Will travellers pay a contribution towards the provision of necessary services? 6 Have the occupants satisfactorily complied with the Council s Code of Conduct and/or cooperated with Council requests? 7 Does occupation prevent use of the land as intended by the LA or its tenant? 30

31 8 Are there any Health and Safety concerns relating to the Travellers? Q 2-8 Guidance; Subject to question 9, where assessment indicates that 2 or more shaded boxes are highlighted the CCG should recommend that the eviction process shall be commenced. 9 Are there any significant welfare issues? For example advanced pregnancy, serious ill health or educational needs. Confirmation of Proposed Action It is agreed that proceedings should commence to evict the above encampment* It is agreed that the above encampment can be tolerated* * Please delete as appropriate Signed Date On behalf of the Case Conference Group Further Action * Please delete as appropriate Officer Date Ensure further monitoring of tolerated encampment at the following recommended intervals: Daily * 3 X week * Weekly * Bi-weekly * Notes 31

32 APPENDIX 4 LOCATIONS/ORGANISATIONS PROVIDED WITH COPIES OF THE STRATEGY All Redcar and Cleveland Borough Council departments/offices All Libraries* All Parish Council Offices* Offices of all Registered Social Landlords who operate within the Borough All Citizen Advice Bureaus* All Housing/Homelessness Advice Agencies* Cleveland Police Cleveland Fire Brigade Langbaurgh/Middlesbrough Primary Care Trust Health and Safety Executive All consultees who provided Feedback Council s Website * Within the Borough of Redcar and Cleveland 32

33 USEFUL LINKS FROM THE COMMUNITIES AND LOCAL GOVERNMENT WEBSITE APPENDIX 5 Gypsies and Travellers: Facts and Figures More information about Gypsies and Travellers. Added: 5 March 2007 Guide to effective use of enforcement powers - Part 1: Unauthorised encampments Step by step instructions on the powers to use against unauthorised encampments. Published 2 February Guide to Effective Use of Enforcement Powers: Part two - Unauthorised development of caravan sites Type: Publication Departments: Communities and Local Government. Published: 4 October 2007 Government Response to ODPM Select Committee Report on Gypsy & Travellers Sites On 27 January 2005 the Government published it's response to the House of Commons ODPM Select Committee's report of 8 November Definition of the term 'gypsies and travellers' for the purposes of the Housing Act Summary of Responses Published 29 January 2007 Local authorities and Gypsies and Travellers: a guide to responsibilities and powers This information booklet illustrates what needs to be done to meet the Government's objective of ensuring that the settled community and Gypsies and Travellers live together peacefully. Published May Gypsy and Traveller Accommodation Needs Assessments - Guidance This guidance aims to provide advice on carrying out an assessment of the accommodation needs of Gypsies and Travellers. Added: 4 October 2007 The Gypsy and Traveller Task Group on enforcement and site provision Added: 28 June 2007 Circular 01/06 (ODPM): Planning for Gypsy and Traveller Caravan Sites This Circular provides updated guidance on the planning aspects of finding sites and how local authorities and Gypsies and Travellers can work together to achieve that aim. This replaces Circular 01/94: Gypsy Sites and Planning. Published 2 February 2006 Preparing Regional Spatial Strategy reviews on Gypsies and Travellers by regional planning bodies Research to support the preparation of Regional Spatial Strategies Reviews on Gypsies and Travellers by Regional Planning Bodies. Published 1 March