Introduction

The Swindon Borough Council Traveller Liaison Office has produced these guidance notes to assist businesses and landowners who may be directly affected by traveller-related activities.

History

There has been an issue of travellers visiting the Swindon area for many many years. They may visit the area for a number of reasons, including work-related activity - we have a town undergoing massive regeneration, with easy access, hectares of open space and an environment for business growth and opportunity.

What Local Businesses and Land Owners Can Do

In the event of an encampment on your land, it must be remembered that responsibility for action lies with you as owner of the land. In the absence of aggravating factors, the police have no powers to prevent people from trespassing on private land - this is a civil offence. Even when such factors exist, certain stringent criteria have to be met before the police can take action.

Your possible courses of action include:

• If damage is caused or people have been threatened, then this is a police matter. If it is an emergency, dial 999. In other cases, telephone 0845 4087000 and ask for the Control Room. When you have made your report, ask the police for either their ‘message log number’ or the ‘crime number’.
• Telephone the Council's Traveller Liaison Office for advice on 01793 464434 during office hours or after hours and at weekends, the Council's own Control Room on 01793 466453.
• In many cases, it is possible for landowners to speak directly with the travellers (especially where only one or two caravans are involved), and negotiate a common agreement as to just how long the group might stay.
• Where all efforts to reach an agreement have failed or the travellers have not kept their side of the agreement, then the following steps should be taken to secure possession of your land.

A solicitor will be able to advise you on the legal procedure for recovery of land through the County Court, under part 55 of the Civil Procedure Rules. The procedure is intended to be fairly expeditious. For example, it is only necessary for trespassers to be given two clear days’ notice of the court hearing before the hearing date. If there is a risk of public disturbance or of serious harm to persons or property, you may want to ask the solicitor to use the High Court procedure which enables enforcement of any order obtained to be undertaken by the Sheriff for the county who has a great deal of experience in enforcing orders of this nature.

General Guidance

It would be unfair and somewhat stereotypical to assume that crime will rise in an area just because Travellers are camped in the vicinity. However, common sense precautions should always be taken with regard to both your property and staff. Should circumstances dictate, this may even include the use of private security officers and CCTV. Whilst clearly an additional cost, in the long term it is likely to pay dividends.

Where possible, avoid all confrontations between staff and the travellers. If confrontation does occur, contact the police directly.

When the encampment has finally moved, there may be the task of waste disposal. On private land, this would be the landowner’s responsibility. You may always telephone Swindon Commercial Services 01793 445501 for advice about specific issues relating to waste disposal.

Finally, discuss with the Traveller Liaison Office, ways of reducing the opportunity for further encampments to take place in the future. Possible options include fences, barriers, bollards, earthworks, height restrictions and tree planting. Although such measures have a cost attached, they should be seen as investment for the future in that they may deter future encampments and so reduce the associated legal costs, clear-up costs and loss of business.

Further Information/Contact

If in doubt on any matter relating to gypsies, travellers and unauthorised encampments, please contact:

Swindon Borough Council Traveller Liaison Office
Tel: 01793 464434