Sandwell Metropolitan Borough Council. 4 April 2017

Size: px

Start display at page:

Download "Sandwell Metropolitan Borough Council. 4 April 2017"

Bethanie Riley
5 years ago
Views:

1 Sandwell Metrplitan Brugh Cuncil 4 April 2017 The fllwing summary reprts relate t thse minutes f the Cabinet which cntain a recmmendatin t the Cuncil. Meeting Date Subject 22 March Revised Unauthrised Encampments Crprate Plicy

Reprt t Cabinet 22 March 2017 Subject: Presenting Cabinet Member: Revised Unauthrised Encampments Crprate Plicy Regeneratin and Ecnmic Investment 1. Summary Statement 1.

2 Reprt t Cabinet 22 March 2017 Subject: Presenting Cabinet Member: Revised Unauthrised Encampments Crprate Plicy Regeneratin and Ecnmic Investment 1. Summary Statement 1.1 The Cuncil is requested t apprve a revised Unauthrised Encampments plicy which is being put in place in rder t safeguard the cuncil and its assets against the ptential adverse impact f unauthrised encampments. In additin t this, the plicy will als help prtect the cuncil against third party claims if actin t seek repssessin f its land is challenged thrugh the Curt prcess. 1.2 The cuncil is required by law t satisfy the Curts that the welfare needs f the transgressrs have been investigated and that prper prcedures have been fllwed t secure pssessin f the land that is the subject t unauthrised ccupatin. 1.3 This plicy shuld be read alngside the jint prtcls dcument between Sandwell Cuncil and West Midlands Plice. The prtcls dcument, which was apprved at Cabinet n 11 th January 2017, allws the cuncil t demnstrate t partner agencies, ur settled cmmunity and the travelling cmmunity that fficers are acting in line with prcedure. This shuld address calls fr actin t remve mbile grups as sn as they frm n cuncil wned land within the brugh until the cuncil has discharged its duties. Similarly, by fllwing the prpsed prcesses, issues that can arise frm such mbile grups such as nise, fly tipping r damage t the site can, subject t plice supprt, be reslved mre efficiently t the benefit f residents. Further details are attached fr yur infrmatin

3 2. Recmmendatins 2.1 That the Cuncil be recmmended t apprve the revised Unauthrised Encampments Crprate Plicy, as set ut in Appendix That the Chief Executive, in cnsultatin with the Cabinet Member fr Regeneratin and Ecnmic Investment, be authrised t make any minr amendments deemed necessary t the revised Unauthrised Encampments Plicy. Jan Brittn Chief Executive Nick Bubal Directr Regeneratin and Ecnmy Darren Carter Interim Directr - Resurces Cntact Officer: Jhn Baker Develpment and Regulatry Services Manager jhn_baker@sandwell.gv.uk 3. Strategic Resurce Implicatins 3.1 The csts f preparing the revised Unauthrised Encampments plicy have been met frm existing budgets. 3.2 The cuncil s crprate risk management strategy has been cmplied with in rder t identify and assess the risks assciated with this decisin/ recmmendatins. This has identified that there are n significant risks that need t be reprted. 3.3 In terms f the risks themselves, we have cnsidered the fllwing; Failure t deal with inapprpriate unauthrised encampments in a timely and lawful manner can lead t escalating csts in tidying up sites nce the cuncil reclaim pssessin.

4 There is a need t demnstrate that the cuncil has undertaken actin t regain pssessin f its land in an apprpriate and lawful manner in rder t withstand legal challenge. Budget/ financial risks regarding staff resurces, legal csts and taking measures t secure land where pssible. 4. Legal and Statutry Implicatins 4.1 The publicatin f the Gvernment s Gd Practice Guide Managing Unauthrised Camping (riginally published 2004) advcated that lcal authrities shuld have in place a written plicy (and prtcls dcument develped with lcal plice) that has been debated by elected members. The existing dcuments are in need f revisin t keep them in line with changes t wrking practices and updated Gvernment guidance. 4.2 The cuncil has t take int accunt relevant legislatin when dealing with transgressrs: Human Rights Act 1998 (Article 8 The right t respect fr private and family life, hme and crrespndence, Article 9 Freedm f Belief, Article 14 The prhibitin f discriminatin in the enjyment f the cnventin rights, Prtcl 1, Article 1 Prperty and Prtcl 1, Article 2 -The right t educatin) Children s Act 1989 and 2004 (as amended) Educatin Act 2002 (and amendments) Race Relatins (amendment) Act 2000 and 2010; and Equalities Act Implicatins fr the Cuncil s Screcard Pririties 5.1 The plicy will enable Members and fficers t infrm all parties as t hw the cuncil will address unauthrised encampments n its land and the reasn fr any decisins made. 6 Backgrund Details 6.1 The cuncil needs a Crprate Plicy in rder t prtect itself and its fficers against claims brught abut by thse wh transgress nt cuncil wned land fr the purpse f setting up an unauthrised encampment and als t demnstrate that the cuncil is able t discharge its general duties in an apprpriate and lawful manner.

5 6.2 The cuncil is als required by law t satisfy the Curts that the welfare needs f the transgressrs have been investigated and that prper prcedures have been fllwed t secure pssessin f the land that is the subject t unauthrised ccupatin. (The cuncil is als required t cnsider identifying acceptable temprary stpping places fr thse wishing t camp.) 6.3 The review f the prpsed plicy has been instigated by Cuncillr Mre and is part f a wider range f measures currently being prgressed t deal with unauthrised encampments. The plicy shuld be read alngside the jint prtcls dcument between Sandwell Cuncil and West Midlands Plice. The prtcls dcument, which was apprved at Cabinet n 11 th January 2017, will allw the cuncil t demnstrate t partner agencies, ur settled cmmunity and the travelling cmmunity that fficers are acting in line with prcedure. This shuld address calls fr actin t remve mbile grups as sn as they frm n lcal authrity wned land within the brugh until the cuncil has discharged its duties. Similarly, by fllwing the prpsed prcesses, issues that can arise frm such mbile grups such as nise, fly tipping r damage t the site can be, subject t plice supprt, be reslved mre efficiently t the benefit f nearby residents. The main changes within the prtcls dcument are t allw the use f bailiffs using cmmn law pwers and fr cnsideratin f Injunctins t be served where apprpriate. 6.4 Using the cuncil s adpted Statement f Cmmunity Invlvement dcument as a basis, there was a requirement fr a six weeks minimum perid fr cnsultatin n bth the plicy and jint prtcls dcument. The cnsultatin prcess included the fllwing; Lcal Press; In cnjunctin with the press ffice an article was written t publicise the cnsultatin prcess. Written Cnsultatin; We wrte t grups with an interest in traveller matters, enclsing a cpy f the dcument and asking fr a respnse by the end f the six weeks cnsultatin perid. These grups were bth internal and external t the Cuncil and included West Midlands Plice; Lcal Cuncillrs; Sandwell MPs; Natinal Gypsy and Traveller Federatin; Serc; Rights Equality Sandwell; Legal; Educatin; Husing; Parks; Adults and Children Services; ASB team; and adjining Lcal Authrities. Internet: E-gvernment; In accrdance with gvernment regulatins the dcument was made available n the cuncil s website. An cntact address was als prvided where cmments culd be made direct t the cuncil.

6 6.5 The cnsultatin prcess ended n Friday 11 th Nvember 2016 and a ttal f 17 respnses had been received, all f which related t the prtcls dcument. The majrity f the respnses were frm Sandwell residents, which included a lcal cuncillr, as well as a representative f the Warley Wds Cmmunity Trust and the directr f a cmpany in West Brmwich. Several cmments made welcme the prtcls dcument in that it clarifies the prcess f dealing with unauthrised encampments as well as highlighting the pwers available t bth the lcal authrity and the plice. Hwever, whilst welcming the use f bailiffs, sme have still called fr speedier actin verall in remving travellers. It was als stated that the cuncil shuld lk t charge travellers fr any damage and fr the clean-up peratin that inevitably has t be undertaken nce a site is vacated as well as the fact the cuncil shuld take ut pre-emptive injunctins t prevent unauthrised encampments. Greater site security in the first instance is als called fr by a number f the peple wh respnded. The final main theme f the respnses received was regarding ut f hurs cver t deal with travellers and hw the actins f the cuncil and the plice are cmmunicated t affected residents. One respnse did raise cncerns abut the negative apprach t travellers and restricting their lifestyle and that the cuncil shuld be lking t prvide bespke sites fr them. 6.6 Many f the pints raised by the cnsultatin prcess are already being addressed. An Injunctin is being prgressed against ne particular prblematic family; a prgramme f identifying the mst frequently transgressed sites has been undertaken with a series f new/ additinal security measures already carried ut; and a prpsal fr a pssible transit site fr travellers is being explred. Surce Dcuments Revised Unauthrised Encampments Crprate Plicy.

7 Sandwell Cuncil: Unauthrised Encampments Crprate Plicy Statement f Plicy The purpse f this plicy is t safeguard the cmmunity and its assets against the ptential adverse impact f unauthrised encampments. It shuld be read alngside the jint prtcl between Sandwell Cuncil (the Cuncil ) and West Midlands Plice (the Plice ). Unauthrised encampments ften aruse strng feelings in cmmunities when residents feel they cannt use cmmunity facilities such as parks, pen spaces, lcal nature reserves r public car parks. Often, it als csts significant sums f mney t mve unauthrised encampments n and restre the land t its previus cnditin s it can be safely used by the cmmunity. Many travellers can have traditins, cultures, nrms and aspiratins which are nt the same as thse f the settled cmmunity. Hwever, the general apprach f the law twards travellers has been t apply principles and prcesses that reflect the nrms and values f the settled cmmunity - fr example in dealing with trespass, nuisance and planning regulatins. In the case f travellers, applying these principles ften invlves balancing cmpeting rights and demands. The prtcl between the Cuncil and Plice sets ut the criteria fr deciding wh will be respnsible fr taking actin when an unauthrised encampment ccurs n Cuncil land. Bth the Plice and Cuncil as public bdies have rights and bligatins impsed n them thrugh legislatin which includes the Human Rights Act 1998 and Equality Act The Cuncil als needs t cnsider bligatins, where apprpriate, under ther legislatin which includes the Educatin Act 2002, Husing Act 1996 and the Children s Acts 1989 and Decisins n taking enfrcement actin against unauthrised encampments must be reasnable and prprtinate. The fundamental needs and rights f travellers must be cnsidered and balanced with the interests f the wider cmmunity. Page 1 f 3

8 Welfare Checks The Cuncil will carry ut welfare checks and any identified needs will be referred t the apprpriate Cuncil Services and/r supprt agencies. Where, fr example, there is a serius risk tthe envirnment highway safety human health, r, access issues t facilities r hmes, it is likely that it will be apprpriate fr an assessment, t be limited t the infrmatin available, when the Plice r the Cuncil first apprach the encampments and t engage with thse. In cases where an urgent welfare need is identified the Cuncil may cnsider delaying the remval f the encampment r part f the encampment s that the urgent welfare needs are sufficiently met, unless the encampment is n an unsuitable site. Alternatively the Cuncil may encurage the persn(s) with the identified welfare need t relcate t a mre suitable lcatin. Tlerating unauthrised encampments The Cuncil will nt nrmally tlerate any encampment where it is giving rise t cmplaints frm ther members f the cmmunity, r when it is lcated n:- where it is giving rise t cmplaints frm ther members f the cmmunity recreatinal facilities such as sprts pitches, playgrunds, parks, lcal nature reserves r picnic sites; part f an educatin facility f any type; sites that need special prtectin due t wildlife, landscape r archaelgical cnsideratins (this applies whether r nt the land in questin has been frmally designated); sites that give rise t a health and safety risk (fr example, thrugh pllutin); r sites that cause prblems f traffic r access. Page 2 f 3

9 This list is nt intended t be exhaustive and is merely illustrative. There will be circumstances where an unauthrised encampment may be tlerated fr a shrt perid f time. The instances where this wuld happen (and the duratin f any stay) wuld be decided n a case-by-case basis after having prper regard t the facts and persnal circumstances f each unauthrised encampment. In return the Cuncil expects acceptable behaviur frm travellers which includes: n fly tipping n the site ccupied by a camp; sites are kept and left clean and tidy; sites are nt used fr business activities nt engaging in anti-scial behaviur. This list is nt intended t be exhaustive and is merely illustrative. A Cde f Cnduct is set ut in the Prtcl and any breach f this Cde may lead t any agreed perid f tleratin being terminated. Remving unauthrised encampments Where an encampment des nt meet the acceptable criteria fr tleratin, the Cuncil will use any f the fllwing pwers, r any ther pwer it deems apprpriate: Part 55, Civil Prcedure Rules (CPR) ; Criminal Justice and Public Order Act (CJPOA) 1994 Sectin 77; Cmmn Law pwer t evict trespassers ff land; Injunctins t prtect land frm unauthrised encampments Clsure Orders Public Space Prtectin Orders The Plice have their pwers in managing unauthrised encampments, i.e. Sectin 61 and 62 f Criminal Justice and Public Order Act The Cuncil may request the Plice, where apprpriate and necessary, t use their pwers. Page 3 f 3

NARACOORTE LUCINDALE COUNCIL COUNCIL POLICY 94 PUBLIC CONSULTATION AND COMMUNITY ENGAGEMENT

NARACOORTE LUCINDALE COUNCIL COUNCIL POLICY 94 PUBLIC CONSULTATION AND COMMUNITY ENGAGEMENT RESPONSIBLE OFFICER: RELEVANT DELEGATIONS: Chief Executive Officer Manager Gvernance and Cmmunity Develpment LEGISLATION AND REFERENCES: Lcal Gvernment Act 1999 sectins 12, 50, 92, 122,123, 151, 156, 193,