Current encampments
Council managed/maintained land
None
Land managed/maintained by private owners
None
Eviction orders
When there is an unauthorised encampment on land, there is a process which must be followed to determine if there is any reason the encampment can remain on the site or if formal action needs to be taken to force an eviction.
If the encampment is on Council owned land, the Council has to first apply for a Court Order. If the land is private, the owner will need to apply for an eviction order under Civil Procedure Rules 1998. There must be at least two clear days between the serving of documents and the court hearing.
In certain cases, such as if there is antisocial behaviour arising from persons on the site the Police have powers to remove unauthorised encampments from land.
Please note: 'unauthorised encampments' is a generic term used to describe any such encampment by any person on land where there isn't planning consent.
Reporting unauthorised encampments
We can only deal with unauthorised encampments on land we own – such as parks, public car parks and roads.
Report an unauthorised encampment
You can report an unauthorised encampment by calling the Police on 101 or by using our online form.
Report an unauthorised encampment [/reportunauthorisedencampments]
If a crime is being committed or someone’s life is in danger, call the Police on 999.
We have an agreement with West Midlands Police setting out how we deal with unauthorised encampments on public land and we work closely with officers and other organisations to make sure all decisions and actions are consistent, fair and within the law.
As set out in the Human Rights Act and the Equality Act 2010, we recognise the right of Gypsies and Travellers to live a nomadic way of life. Gypsies and Travellers are ethnic groups with their own culture, language and values and are protected from discrimination by the Equality Act 2010.
Customer Services
Open 9amâ5pm Monday to Friday (excluding bank holidays). If you do need to call us, please try to avoid our busiest times of lunchtime and early afternoon. Many queries relating to Council Tax, benefits or bin and bulky waste collections can be dealt with directly by logging into My Account.
Police powers
The Police can only take immediate action if there have been proven incidents of serious criminal activity or public disorder.
It is important to report any anti-social behaviour to the local Police by calling 101 so they can keep a record of any potential incidents that could support a request for eviction.
The duty of the Police is to preserve the peace and prevent crime. Preventing and removing trespassers is the responsibility of the land owner.
Unauthorised encampments on council-owned land
When an unauthorised encampment is reported, Council Officers and the Police are required by law to assess the needs of those persons who are on the site, prior to any potential formal action.
Checks are made on:
- the tidiness of the site
- whether the roads or public rights of way have been blocked
- the level of disruption to residents and businesses
- any other activity reported to the Police or Council.
Moving unauthorised encampments
We will consider each case. The site will be visited and every effort made to ensure that persons who have encamped keep the site tidy and do not cause any public health problems.
Before we can move people on, we must:
- show they are on the land without permission
- check on their general health, welfare and children's education
- make sure the Human Rights Act 1998 has been considered
- follow a set procedure to gain evidence for an eviction order through the courts
The time all this takes will vary, depending on each case and the court dates available.
The courts will not grant an order if they believe there is a legitimate reason why persons involved in the encampment need to stay on the site, or if we have not properly checked on their health and welfare.
Unauthorised encampments on privately-owned land
If there is an unauthorised encampment on your land, you will need to talk to the occupiers to try and agree a leaving date. You must do this as planning permission is needed for a caravan site, and you could face action if you do nothing.
The following documents, published by the Department for Communities and Local Government (DCLG), set out the powers landowners have in dealing with unauthorised encampments:
- Guide to effective use of enforcement powers - Part 1: Unauthorised encampments [https://www.gov.uk/government/publications/unauthorised-encampments-using-enforcement-powers] (February 2006)
- Dealing with illegal and unauthorised encampments: a summary of available powers [https://www.gov.uk/government/publications/dealing-with-illegal-and-unauthorised-encampments] (March 2015)
We will not be involved in any action to remove unauthorised encampments from private land and cannot give legal advice or recommend what to do - although in some cases we may be able to offer certain advice and assistance.
Private landowners need to get their own legal advice on the action they can take. There can be serious consequences for any landowner who does not follow the correct, lawful procedures.
If anti-social and criminal behaviour is suspected this must be reported to Police by calling 101.