Unauthorised encampments
An illegal or unauthorised encampment is when a group of people move on to a piece of land that they do not own and without permission from the landowner. This is a form of trespassing and is a civil offence.
It is the landowner’s responsibility to deal with illegal encampments. Where the encampment is on land we own, we will take the lead in responding to the situation.
Unauthorised encampments on council land
We understand illegal encampments can be distressing and disruptive to local landowners, businesses and communities.
However, we also recognise and accept the rights of Gypsies and Travellers who are protected from discrimination by the Equality Act 2010.
If an illegal encampment takes place, we will work with the police and other partners to try to balance the rights of all those involved within the law.
You can report unauthorised encampments to use us using our online form.
Report an unauthorised encampment.
Concerns about damage, anti-social behaviour or nuisance should be reported to West Mercia Police.
Our officers will usually visit the site within one working day to make an assessment of the situation and carry out welfare checks. Welfare checks include pointing the occupants of the site to housing advice, medical facilities or any other service they may require. At this point they are told that they are trespassing and told they must vacate the site otherwise legal action may be taken.
If they fail to leave the site, then we will apply to a magistrate for an order under section 78 of the Criminal Justice and Public Order Act 1994 requiring the removal of occupants and vehicles from the land. This also allow us to use reasonable force if necessary. In these circumstances the police will usually attend to support and help prevent a breach of the peace.
Unauthorised encampments on private land
It is the landowner’s responsibility to take the necessary action to evict the occupants and vehicles on their land. The landowner can attempt to agree a leaving date with the trespassers or take proceedings in the County Court under the Civil Procedure Rules 1998 to obtain a Court Order for their eviction.
Landowners are recommended to seek legal advice as soon as the encampment arrives. We do not recommend forcibly attempting to remove unauthorised encampments from your land without a court order, as you may find yourself guilty of several criminal offences.
Police powers to deal with unauthorised encampments
Most illegal encampments are not matters for the police as they are civil offences.
However, in some circumstances, the police do have powers to direct trespassers to leave land and remove any property of vehicles. This only applies if the occupants have one or more vehicle on the land and police believe the illegal encampment is causing, or is likely to cause, significant damage, distress and disruption.
All crime, nuisance or anti-social behaviour issues connected with an illegal encampment should be reported to West Mercia Police on the 101 non-emergency phone number or via the West Mercia Police website. In an emergency call 999.