Gypsies, Travellers and Roma are legally recognised ethnic groups. They are protected from discrimination by the Race Relations Act 1976 and the Human Rights Act 1998. They are part of our community and have the same rights and responsibilities as everyone else.
Travelling is a traditional way of life that families have followed for generations. They may:
- live in houses
- live on permanent sites
- travel with caravans
Families may move for work, family or cultural reasons. This is recognised as a legitimate lifestyle.
Unauthorised encampments
An unauthorised encampment is when Gypsies or Travellers camp on land they do not own, without the landowner's permission.
Encampments are assessed on:
- health and safety risks
- the wellbeing of those on site
- traffic hazards
- public health issues
- environmental damage
- impact on local residents
Some locations are never acceptable for encampments, including:
- parks and playgrounds
- playing fields
- village greens
- other open spaces in residential areas
Everyone involved has rights, both the Gypsy and Traveller community and local residents.
Responsibility for encampments
Who takes action depends on where the encampments is and whether it is on public or private land.
Landowners
If Gypsies or Travellers camp on private land, landowners can:
- ask trespassers to leave their land
- negotiate a leaving date directly
- apply to the County Court for an eviction order under Civil Procedure Rules 55
- employ bailiffs once a possession order is granted
Landowners may be in breach of planning or site licensing laws if they allow encampments without permission. We can take action against landowners in these cases.
Independent legal advice is recommended.
Our responsibilities
We may:
- issue a direction to leave under Section 77 of the Criminal Justice and Public Order Act 1994 (CJPOA)
- apply to magistrates' court under Section 78 of the CJPOA if the direction is not followed, allowing removal of people, vehicles and property
Failure to comply or returning within 3 months is a criminal offence, punishable by a fine of up to £1,000
If welfare issues are identified, we will involve the NHS or other partners.
Encampments on the public highway are unauthorised and considered obstructions.
The police
Trespass is usually a civil matter. The police act only if there is crime, disorder or serious antisocial behaviour.
The police may use powers under the CJPOA to:
- remove trespassers if damage, abusive behaviour or threats have been made
- direct trespassers to leave if there are 6 or more vehicles present
- seize and remove vehicles if an order is ignored or if travellers return within 3 months
- direct trespassers to a suitable transit site if one exists locally
Failure to comply is a criminal offence and can lead to fines or imprisonment.
Initial response
When an encampment is reported, we:
- visit the site as soon as possible (usually within 48 hours)
- notify all relevant agencies
- assess the tidiness of the site and the impact on local residents or businesses
- check for highway obstruction or public safety risks
- consider any reports of antisocial behaviour or crime
- carry out welfare checks, including health and education needs
A risk assessment is carried out in line with the Cumbria Joint Agency Protocol.
Enforcement
Along with the police, we must follow legal processes before taking action.
Encampments may sometimes be tolerated for a short period if they are managed responsibly and do not pose risks. This decision balances the needs of the Gypsy and Traveller community with those of the settled community.
If antisocial behaviour or nuisance occurs, eviction is more likely.
Gypsy and Traveller sites in Cumberland
We must assess the housing needs of Gypsies and Travellers. This helps decide if more sites are needed.
Carlisle area
There are 3 licensed Gypsy sites:
- Low Harker Dene, Low Harker - privately owned, managed by UK Parts Ltd
- Hadrians Camp, Brampton Old Road - privately owned by Mr Bowman, contact 01228 818 578
- Ghyll Bank Hous, Low Harker - privately owned by Mr I Stewart
Education support
We provide education services for Gypsy and Traveller children.
Telephone: 01228 601 183
Accommodation assessment
We have a duty to assess the housing needs of Gypsies and Travellers. These assessments help plan for the provision of sites.
A joint assessment was carried out in 2013 and reviewed in 2020. This did not identify a substantial additional need for sites.
The Gypsy, Traveller and Travelling Showpeople Accommodation Assessment (GTAA) provides evidence of current and future needs up to 2040.
How to report any issues
If you wish to report an environmental concern or an unauthorised encampment, contact us.
Telephone: 0300 373 3730
Any antisocial issues should be reported to the police on 101