Ben Adams

New protocol brings consistent approach to unauthorised encampments

Police and councils have agreed a new shared protocol designed to bring a consistent approach to the way unauthorised encampments are managed across Staffordshire and Stoke-on-Trent.

The Joint Protocol for Managing Unauthorised Encampments was agreed at a meeting of the Staffordshire Community Safety Forum*, which was established by Ben Adams, Staffordshire Commissioner for Police, Fire & Rescue and Crime, in February.

Mr Adams said: “Unauthorised encampments impact businesses and residents, so a consistent partnership approach is vital. I was pleased that I could bring Police and councils together to agree how best to address community concerns and consider new government legislation.”

The protocol takes account of new Police powers under the Police, Courts, Sentencing and Crime Act 2022, updating a previous agreement between Staffordshire Police and councils.

The Act creates a new criminal offence relating to trespassers who set up camp illegally on other people’s land or in local communities. Offenders could now face up to three months in prison and Police will be able to ban trespassers from returning to a patch of land for a year, rather than just three months.

The definition of harm has also been broadened, so Police can take more decisive action to tackle unauthorised encampments when necessary. They can now intervene where unauthorised encampments are causing environmental damage or distress to the wider community, not just the landowner.

Under the new guidance, the harms potentially caused by unauthorised encampments could include – but are not limited to – instances where:

  • There is excessive littering, noise or smell – including from bonfire smoke
  • A local resident is verbally abused or intimidated, or fears leaving their house to avoid walking past an encampment
  • Local communities are prevented from accessing sports fields, parks or car parks
  • Property on the land, or the land itself has been damaged – including farmland

For the first time, unauthorised encampments on highways are now covered, as well as on public and private land. The new criminal offence is punishable by a prison sentence of up to three months, or a fine of up to £2,500, or both, and/or seizure of the vehicle.

Local authorities retain a wide range of powers to remove people who are unlawfully on land. Each encampment must be considered on a case-by-case basis, before a decision in relation to use of Police powers is made.

Mr Adams is also working with local authority partners to address the lack of approved stopping sites and facilities across the region where travellers could be redirected.

He said: “Police, councils and other groups must work closely together to ensure unauthorised encampments are dealt with in a professional manner, considering the needs of all individuals concerned and ensuring the response is reasonable and proportionate.

“This protocol is designed to ensure that is the case. It also emphasises the importance of effective communication with individuals and their families who are required to move, as well as local residents, businesses and other interested parties.

“People have the right to choose a nomadic lifestyle, which is why I’m urging local authorities to address the lack of approved sites in the region – but where people’s actions cause harm to others, these new powers allow firm yet proportionate action to be taken.”

Read the Joint Protocol for Managing Unauthorised Encampments in full.

 

 

 

* The Staffordshire Community Safety Forum brings together a wide range of agencies including Police, Fire & Rescue, local authorities, NHS, Ambulance Service, Environment Agency, criminal justice and the voluntary sector, to focus jointly on the key issues that impact our communities.

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