Gypsies and Travellers in Devon
Frequently Asked Questions, Useful Contacts and Publications
Gypsies and Travellers are protected from discrimination by the Race Relations Act 1976 and the Human Rights Act 1998, together with all ethnic groups who have a particular culture, language or values.
The aim of this information is to set out how the Council and other official agencies will work to try to balance the rights of all those involved.
Frequently Asked Questions
- Why do Gypsies/Travellers pursue a travelling lifestyle?
- Does the Council have a duty to move Gypsies / Travellers when they are camped without the landowner's permission?
- If Gypsies / Travellers camp on private land, what can the landowner do?
- What if the landowner decides to let them stay on the land temporarily?
- If the landowner fails to take the appropriate action to remove the Gypsies / Travellers, what will the Council do?
- I have seen Gypsies / Travellers camping on the side of the road and sometimes on parks or other Council-owned land, what can the Council do in these cases?
- Can the Council remove Gypsies / Travellers from their land immediately?
- How long will it take for the Gypsies / Travellers to be removed?
- Can the Court refuse to grant the Council an order to move Gypsies / Travellers on?
- What can the Police do?
Why do Gypsies/Travellers pursue a travelling lifestyle?
Their way of life means that they travel the country staying for various periods of time in different locations, in order to earn a living. This has been their way of life for many generations.
Does the Council have a duty to move Gypsies/Travellers when they are camped without the landowner's permission?
No. If Gypsies / Travellers are camped on Council land, the Council can evict them.
If they are on private land, it is usually the landowner's responsibility. The Government has advised that when Gypsies/Travellers are not causing a problem, the site may be tolerated.
If Gypsies/Travellers camp on private land, what can the landowner do?
Talk to them to see if a leaving date can be agreed.
Take proceedings in the County Court under the Civil Procedure Rules 1998 to obtain a Court Order for their eviction. There must be a minimum of two clear days between service of documents and the Court hearing.
What if the landowner decides to let them stay on the land temporarily?
Unless the landowner has already obtained planning permission for a caravan site or is a farmer and the Gypsies / Travellers are helping with fruit picking for example, then the landowner could be in breach of the Planning Acts.
If the landowner fails to take the appropriate action to remove the Gypsies/Travellers, what will the Council do?
If the landowner is in breach of any planning or licence requirements, then the Council will take proceedings against the landowner to require removal of the illegal encampment.
I have seen Gypsies/Travellers camping on the side of the road and sometimes on parks or other Council-owned land, what can the Council do in these cases?
If the Gypsies / Travellers are causing problems they will be moved on as soon as is possible and reasonable. The Council will consider each case on its merits. In all cases the site is visited and every effort made to make sure that the Gypsies/Travellers keep the site tidy and do not cause public health problems. This sometimes means that refuse collection facilities may be provided for this purpose
Can the Council remove Gypsies/Travellers from their land immediately?
No, the Council must follow its own policy in these matters and judge each unauthorised encampment on its own merits as per the Devon wide protocol.
How long will it take for the Gypsies/Travellers to be removed?
This will depend upon the circumstances of each individual case. The Council will need to take account of the issues outlined above as well as how soon they can obtain a Court hearing date.
Can the Court refuse to grant the Council an order to move Gypsies/Travellers on?
Yes. If there is an unavoidable reason for the Gypsies/Travellers to stay on the site, or if the Court believes that the Council have failed to make adequate enquiries regarding the general health and welfare of the Gypsies / Travellers. The Council must try to find out this information before going to Court.
What can the Police do?
The Police will visit all sites reported to them. Only in certain circumstances (for example, where the Gypsies / Travellers have with them six or more vehicles), officers may or may not use powers under Section 61 of the Criminal Justice and Public Order Act 1994. These powers will ONLY be used in situations of serious criminality or public disorder not capable of being addressed by normal criminal legislation and in which the trespasser’s occupation of the land is a relevant factor.
The Police are bound by the Human Rights Act and may be constrained to avoid using section 61 in circumstances where it would preclude welfare considerations from being applied by the civil courts.
The duty of the Police is to preserve the peace and prevent crime. Trespass on land by itself is not a criminal offence. Prevention of Trespass and the removal of trespassers are the responsibilities of the landowner and not the Police. The Police will investigate all criminal and Public Order offences.
Useful Organisations
Plymouth and Devon Racial Equality Council
14 York Road,
Exeter,
Devon,
EX4 6BA
Tel/Fax: 01392 422566
Friends, Families and Travellers Community Base
113 Queens Road
Brighton BN1 3XG
Tel: 01273 234777
Fax: 01273 234778
Email: fft@communitybase.org
Web: www.gypsy-traveller.org
Gypsy Council
Greenacres Caravan Park
Hapsford
Helsby
Warrington
WA6 0JS
Tel/Fax: 01928 723138
Gypsy Council for Education, Culture, Welfare & Civil Rights
C/o Aveley Clinic
Hall Road,
Aveley
Romford
RM15 4HD
Tel/Fax: 01708 868986
Email: Thegypsycouncil@btinternet.com
Web: www.thegypsycouncil.org
Irish Traveller Movement in Britain
Banderway House
156 – 162 Kilburn High Road
London NW6 4JD
Tel/Fax: 020 7625 2255
Email: noelettekeaneitm@hotmail.com
Labour Campaign for Traveller Rights
C/o 25 Clarence Road
London N22 8PG
National Association of Gypsy Women
C/o Rachel Ingham
The CVS Building
Church Road
Darlington
Co Durham
EL1 5QD
Tel: 01325 240033
Traveller Advice Team
Community Law Partnership
4th Floor, Ruskin Chambers
191 Corporation Street
Birmingham
B4 6RP
LSC funded advice line: 0845 120 2980
Tel: 0121 685 8595
Fax: 0121 236 5121
Email: office@communitylawpartnership.co.uk
Travellers Aid Trust
PO Box 16h
Llangynderyn
Kidwelly SA17 5YT
Tel/Fax: 01269 870621
Email: info@travellersaidtrust.org
Web: www.travellersaidtrust.org
Travellers’ School Charity
PO Box 2
Goodwick
Pembrokeshire SA64 0ZQ
Tel: 01437 532432
Web: www.travellersschool.plus.com
Travellers Times
The Rural Media Company
Sullivan House
72 – 80 Widemarsh Street
Hereford
HR4 9HG
Tel: 01432 344039
Fax: 01432 270539
Email: travellerstimes@ruralmedia.co.uk
Web: www.travellerstimes.org.uk
Cardiff Gypsy & Traveller project
114 Clifton Street
Roath
Cardiff
CF24 1LW
Tel/Fax: 029 2021 4411
European Roma Rights Centre
Web: www.errc.org
Publications:
Parish Council advice booklet on planning applications 
(1.16MB - pdf help)
Media Guide – advice on challenging the media for Gypsy/Traveller:
