FI15855

Request

Unauthorised encampments: 

  1. How many complaints have the council received between the calendar years 2019 and 2024 about unauthorised encampments in the local authority area.
  2. The number of times your local authority has evicted members of the Romani Gypsy and Irish Traveller communities from encampments from public or private land between 2019 and 2024.
  3. Of those, how many were carried out using:
    1. Anti-social behaviour powers (please specify which)
    2. Planning enforcement powers
  4. Whether the authority works in partnership with the police or private bailiffs in these cases, and any costs incurred.
  5. Copies of any internal policies or protocols used in making decisions to evict.

Anti-social behaviour powers 

  1. A list of all anti-social behaviour powers used by your authority that were directed at members of Romani Gypsy or Irish Traveller communities/any orders that specifically mention members of these communities.
  2. For each instance, please provide:
    1. The type of power used (e.g., Community Protection Notice, Public Spaces Protection Order, Dispersal Order, Injunction, Criminal Behaviour Order, etc.)
    2. The location
    3. The date
    4. The reason for its use
    5. Whether the action was challenged and the outcome of any challenge
  3. Please confirm whether your authority has a specific policy or guidance for the use of ASB powers against Romani Gypsy or Irish Traveller or nomadic communities.

Injunctions 

  1. Has your authority applied for, obtained, or enforced any injunctions (interim or final) to prevent unauthorised encampments, including “wide” or “persons unknown” injunctions?
  2. For each injunction, please provide:
    1. The type (e.g. interim, final, wide-area, “persons unknown”)
    2. The date it was granted and by which court
    3. The geographic area or sites it covers
    4. The legal grounds on which it was sought (e.g. nuisance, ASB, trespass)
    5. Whether it was directed at specific individuals or groups, and whether Traveller communities were named or implicitly included
  3. The number of times the injunction has been enforced, including:
    1. How enforcement took place (e.g. eviction, arrest, fine)
    2. Whether any individuals from Romani Gypsy or Irish Traveller communities were affected
    3. Any challenges or appeals, including outcomes
  4. Copies of any Equality Impact Assessments or Human Rights Assessments conducted in connection with seeking or enforcing such injunctions.

Response

Unauthorised encampments:

  1. Planning Enforcement reports are confidential unless formal enforcement action is taken. Eight Enforcement Notices have been served in relation to unauthorised encampments between 2019 and 2024 details can be found on the Planning Enforcement register at https://www.dover.gov.uk/Planning/Planning-Applications/Enforcement/Planning-Enforcement-Register/Planning-Enforcement-Register.pdf.  Encampments reported to the Anti-Social Behaviour Team, away from car parks since, 2020 have been one (in Aylesham). We do hold records of all those within car parks as they are often transient and move on before enforcement is needed.
  2. Zero.
  3. Not applicable.
  4. We notify Kent Police of any incursions for officer safety purposes. We have not needed to escalate to private bailiffs since 2020.
  5. Please find attached the internal process map that is followed when an unauthorised encampment is reported along with the welfare form that is completed upon visiting an encampment.  We do also have some information and help/advice on our website which can be found at https://www.dover.gov.uk/Community/Unauthorised-Encampments/Unauthorized-encampment.aspx.  

Anti-social behaviour powers 

  1. Zero.
  2. Not applicable.
  3. We do not hold a specific policy in regard to ASB powers against Romani Gypsy or Irish Traveller or Nomadic Communities. Central Government guidance however was followed during Covid. 

Injunctions 

  1. Yes.
  2. As follows:
    1. Interim
    2. 14 April 2023 by the High Court of Justice King's Bench Division
    3. Land south of Ferne Lane, Ewell Minnis, Dover, Kent, CT15 7FF
    4. Breach of Section 187B Town and Country Planning Act 1990
    5. Individuals
  3. There has not been a need to enforce this injunction as it continues to be complied with.
  4. The Council does not hold this information.

 

Attachments

Attachment 1

Attachment 2