Do the Council or Police have a duty to move Unauthorised Encampments on when they are camped without the landowners permission?
No. The powers given to local authorities and the police are discretionary and can only be used when certain conditions exist. This leaflet briefly sets out those conditions and what you should expect of the Council and Police. These agencies do use their powers but have to ensure that the powers are used lawfully, especially in compliance with Human Rights legislation. Failure to comply with both civil and criminal procedures would render council and Police officers liable to successful challenge in the courts, proving potentially costly, and could potentially result in the temporary loss of those powers. The duty of the Police is to preserve the peace and prevent crime. Trespass on land by itself is not a crime – it is a civil matter. Prevention of trespass is the responsibility of the landowner, not the Council or the Police.
Related Questions
- Do the Council or Police have a duty to move unauthorised encampments on when they are camped on private land without the landowners permission?
- Does the Council or Police have a duty to move Gypsies/Travellers when they are camped without the landowners permission?
- Do the Council or the Police have a duty to move Unauthorised Encampments when they are on the Councils land?
