Content

To proceed to use our regulatory powers under
the Criminal Justice and Public Order Act 1994, sections 77 and 78,
Power of local authority to direct unauthorised campers to leave
land and Orders for removal of persons and their vehicles
unlawfully on land.
 

Reasons for the decision

If Cumberland Council becomes aware of an
unauthorised encampment on land, where such occupation is not
considered lawful, by a number of means. The Cumbria wide multi
agency protocol and procedure will apply, this is used to establish
what action if any the local authority wishes to proceed with if
any or if the most suitable approach is through Cumbria
Constabulary as an equal partner in the protocol. A decision must
therefore be taken to tolerate or not allow an encampment.
 

Alternative options considered

Cumbria Constabulary have parallel powers to
those of a local authority, granted under the provisions of the
Criminal Justice and Public Order Act 1994, section 61. This
action can be effective, however, conditions that have to be
met before an eviction can take place as the power only applies
where there are two or more people trespassing, the occupier has
taken reasonable steps to ask them to leave and either: the
trespassers have caused damage to the land; used threatening,
abusive or insulting behaviour; or they have six or more vehicles
on the land. Failure to respond to the direction order as soon as
reasonably practicable is an offence. In this instance those
requirements were not understood to have been met locally by the
appropriately ranked Officer.
 
The Police, Crime, Sentencing and Courts
Act 2022. The police have powers to deal with unauthorised
encampments under CJPOA. The Police, Crime, Sentencing and Courts
Act 2022 which introduced new powers for the police. This includes
an offence of residing on land without consent in or with a
vehicle. The Constabulary are able to exercise powers of arrest and
seizure in relation to the offence, including seizure of a vehicle.
In this instance those requirements were not understood to have
been met locally by the appropriately ranked Officer.
 
The Anti-social Behaviour Act
2003 provides additional enhanced eviction powers where
there are suitable pitches available on local sites that will
accommodate the caravans. At present within Cumberland Council
area, there are no available touring sites available to make a
direction.
 
Local authorities can use injunctions to
protect vulnerable sites. At the time of the initial encampment it
was not known if the land in question was or will be deemed
vulnerable.
 
Where the location is on Council own land, the
authority may take an action against
trespass using Part 55 of the Civil Procedure
Rules or Order 113 of the Rules of the Supreme
Court (The claim must be issued in a county court (or High
Court where risk of public disturbance or harm) and may be secured
relatively quickly against trespassers (minimum five days’
notice for residential and two days’ in the case of
non-residential for a county court hearing).  Part 55 of Civil Procedure Rules for an interim
possession order gives an accelerated procedure for regaining
possession of property occupied by trespassers. Trespassers who
fail to leave within 24 hours of service of the court order are
guilty of an offence under section 76 of the Criminal Justice and
Public Order Act 1994.) This option is more costly for the Council
to pursue and the court timings locally may likely slow the legal
process which may follow.