Managing unauthorised encampments
番茄社区 City Council work in partnership with West Midlands Police to manage unauthorised encampments.
The strategy employed by the City Council to manage unauthorised encampments is contained within a Memorandum of Understanding between the City Council and West Midland Police (WMP) and is entitled a “Joint Protocol on the Management of Unauthorised Encampments” and is currently at edition 9 dated March 2020.
What powers does the local authority have?
If a UE is on Council land without consent, Section 77 of the Criminal Justice and Public Order Act 1994 gives local authorities in England and Wales power to give a direction to leave the land.
The power applies to land forming part of a highway and any other unoccupied/occupied land on which people are residing without the consent of the occupier. It is an offence to fail to comply with such a direction and the person can be liable on summary conviction to a fine.
If the direction is not complied with, the local authority can apply to a Magistrates' Court for an order requiring the removal of vehicles and any occupants from the land (section 78).
In this scenario responsibility for eviction lies with the local authority and officers or agents of the local authority may use reasonable force to evict.
番茄社区 City Council undertake evictions with the assistance of certified bailiff and will normally request the police be in attendance to avoid a breach of the peace.
What powers do the Police have?
The Police also have powers contained in the Criminal Justice and Public Order Act 1994. However, following guidance issued in 2018 police will usually only use these powers when certain circumstances are met.
Trespass is a civil matter and not a criminal offence. Prevention of trespass and the removal of trespassers are the responsibilities of the landowner and not the Police. However, the Police will assess each incident of unauthorised camping and, under Department for Communities and Local Government and Home Office guidelines, must act proportionately.
The Police have powers to move Gypsies/Travellers off land where criminal activity by Gypsies/Travellers can be established - in the same way as crime committed by the settled community has to be proven.
The Police also have discretionary powers to direct Travellers off land where group behaviour is contravening the Criminal Justice and Public Order Act 1994.
In certain circumstances - for example, where the Gypsies/Travellers have with them one or more vehicles and caravans and damage has occurred - officers may use powers under Section 61 and 62 (a-e) of the Criminal Justice and Public Order Act 1994.
The Police are obliged to act in accordance with the Human Rights Act 1998 and Equality Act 2010. The Police act in accordance with guidance set out by the National Police Chiefs Council.
Page last updated: 17 June 2025