When an unauthorised encampment appears on your land, the first instinct is naturally to call the police. That might be the right call, but more often it isn’t. Who can legally act and when is dependent on a few key variables, and getting them wrong can slow things down considerably or expose you to legal risk.
This piece sets out how responsibility is divided between the police, local authorities, and private landowners, and what each party can do.
The most important factor: Who owns the land?
Before anything else, you need to consider whether the encampment is on private land, council or publicly owned land, or highway land. Your options are substantially different in each case.
Private landowners have rights under common law to remove trespassers, without needing a court order, but the responsibility to act rests with them; the police won’t take ownership of the situation on your behalf. Local authorities have their own statutory powers, but these apply to land they control. Each route runs on a different legal track.
What the police can (and can’t) do about travellers
Most people assume the police have the power to move on an encampment, but in reality, those powers are rather limited, and police are reluctant to use them unless specific conditions are met.
Section 61 and 62A, and the conditions for police action
Under Section 61 of the Criminal Justice and Public Order Act 1994, a senior officer can direct trespassers to leave private land if at least two are present with vehicles, and one or more of the following applies:
- A member of the group has caused damage, disruption or distress
- The encampment is on or partly on a highway
- The occupants have been asked to leave and have refused.
Failure to comply is a criminal offence.
Section 62A provides a further route where a suitable pitch at an authorised site is available elsewhere in the area. In those circumstances, the police can direct the group to move to that site instead. If they fail to comply, they commit a criminal offence, and the police can seize vehicles.
How the law has shifted since 2022
The police gained extended powers under Part 4 of the Police, Crime, Sentencing and Courts Act 2022, including a new criminal offence of residing on land without consent in or with a vehicle. However, part of that legislation is now in flux. In May 2024, the High Court ruled that the 12-month no-return ban was incompatible with the European Convention on Human Rights due to its discriminatory impact on Gypsy and Traveller communities, and the government has tabled an amendment to the Crime and Policing Bill to reduce that period back to three months.
When criminal behaviour is involved
Civil trespass and criminal behaviour are different things, and police engagement looks very different depending on which applies. When damage to property, threats, anti-social behaviour, or public disorder are present, the police have the power and grounds to act directly, but they’re unlikely to step in if it’s a civil matter. Our piece on whether police can remove trespassers in the UK covers this distinction in more detail.
Regardless, having a professional enforcement agent on site from the outset is valuable. A professional, controlled presence reduces the likelihood of escalation and ensures the situation is documented throughout.
What can the council do?
Local authorities have specific powers under Section 77 of the Criminal Justice and Public Order Act 1994 to direct people to leave council-owned or publicly managed land, including car parks, parks, highway verges, and similar spaces.
Before issuing a direction, the council must carry out a welfare assessment of those on site to identify any vulnerabilities that might make immediate removal inappropriate. The assessment takes time, but it varies greatly from council to council. If the occupants fail to leave following a direction, the council can apply to a magistrates' court under Section 78 for a removal order.
Section 77 does not give councils the power to act on private land they do not own or occupy. If an encampment is on a farmer's field or a developer's site, the landowner must pursue their own route.
Many of Able’s team are authorised by local authorities to carry out the eviction process, from the first notice right through to the representation at a Magistrates court, under Section 223 of the Local Government Act. If you are a local authority and require a speedy resolution when it comes to Section 77, speak to one of our expert eviction specialists. The route is quicker and far cheaper than CPR 55.
What a private landowner can do
On private land, the responsibility to act lies with the landowner. Under common law, a landowner can instruct a certificated enforcement agent to remove trespassers on their behalf, using no more force than is reasonably necessary, without requiring a court order.
Common law eviction
This is usually the fastest route, often completed within 24 to 48 hours of engagement. Our enforcement team attends the site, makes contact with the occupants, issues an eviction notice, and carries out a peaceable removal if the encampment refuses to leave. If animals are present, our animal removal service handles this in line with welfare legislation, and site clearance can follow once the land is vacated.
Getting a Court Order
Where the situation is more complex (a large group, previous threats or violence, or a scenario where common law eviction has failed) a possession order provides a more formal legal footing. This is done through the county court and transferable to the High Court under a Writ of Possession. A breach of that order becomes a criminal offence, at which point police involvement is possible.
We have written separately about how the traveller eviction process works in the UK for private landowners, including the circumstances where a court order is preferable to a common law approach.
In short
The question of who can act on an encampment isn’t as simple as you’d think, and the consequences of pursuing the wrong route or waiting for someone else to act can be significant.
If you have an encampment on your land and want to talk through your options, call Able Investigations on 0345 366 0000 or get in touch online. We have managed traveller evictions for private landowners, local authorities, and developers, and have successfully moved on hundreds of encampments across over three decades.
