Friday 30 December 2011

What the Localism Act 2011 Means for Gypsies and Travellers

UPDATE 30/03/12 - From Chris Johnson of the Community Law Partnership

"The new law with regard to retrospective planning applications is to come into force on 6th April 2012 so it is vital that anyone who is on land (which has a relevant enforcement notice on it) without permission (or even if they are not on the land) or whose temporary permission has expired gets in an application now if they have not already done so. The application should be accompanied by the necessary fee, a location plan, a design and access statement and the other documents required by the local planning authority. If the local authority serve an enforcement notice after this date your only option will be to appeal that enforcement notice if you have not already made a planning application.

See Localism Act 2011 (Commencement No. 4 and Transitional, Transitory and Saving Provisions) Order 2012/628.

There will be an article on the effects of the Localism Act 2011 in June Legal Action magazine. If in doubt, get advice."




The Localism Act received Royal Assent on the 15th November, 2011. Different parts of the Act will come into force at different times, with some being bought into force immediately.

The Act is wide ranging, but brings into force two key provisions which will have an immediate effect for Gypsies and Travellers: the abolition of the Regional Strategies and the changes to the law regarding retrospective planning permission.
Abolition of Regional Strategies

Regional Strategies provided planning frameworks in England, including targets for the provision of Gypsy and Traveller pitches within each local authority area. The abolition of the Regional Strategies will mean that Local Authorities will no longer be set targets on how many new Gypsy and Traveller pitches are needed in their area. Instead they will be left to make their own assessment of need. There are real concerns that, left to their own devices, Local Authorities will fail to make sufficient provision or grant planning permission for privately provided sites.

Local Authorities will still have a duty under the 2004 Housing Act requiring them to assess the accommodation needs of Gypsies, Travellers, and Showpeople, and to make adequate provision for them through the planning process. However, the guidance on how they should make these assessments and deliver the pitches needed (Circular 1/2006 Planning for Gypsy and Traveller Caravan Sites) is to be replaced by the weaker, soon to published "Planning for traveller sites", described by the Government as 'light-touch guidance',

Retrospective planning applications

Section 123 of the Localism Act inserts new sections into the Town and Country Planning Act 1990 preventing retrospective planning applications where there is already an enforcement notice on the land which covers the subject matter of their proposed application. If there is not such a notice, then a retrospective planning application can still be made.

However, if such an application is made and the local planning authority serves an enforcement notice relating to the application, within the relevant period for determination of the application (normally 8 weeks) then the applicant will not be permitted to appeal that notice. Instead, the applicant should proceed with his or her retrospective application and if necessary, any appeal against the refusal of planning permission.

This part of the Act has not yet come into force and Gypsies or Travellers who own their own land but who don’t have planning permission,should make an application as soon as possible. Those who have temporary permissions should make sure they make a fresh application before the temporary permission comes to an end.

In addition to the abolition of the Regional strategies and the changes to retrospective planning, the Act contains other provisions that may have implications for Gypsies and Travellers. For a fuller explanation of the importance of the Localism Act for Gypsies and Travellers see Chris Johnson's Travellers' Times blog.



Monday 28 November 2011

Lord Avebury Calls For the Return of the Caravan Sites Act

Forty three years after the groundbreaking 1968 Caravan Sites Bill Lord Avebury is to introduce a new Caravan Sites Bill to Parliament. 

The Bill, drafted with the assistance of  Simon Ruston of the New Traveller Association and Chris Johnson of the Community Law Partnership aims to counteract the reactionary bill produced by the Brighton MP Simon Kirby which is aimed at making the already strong powers for the eviction of unauthorised encampments even more draconian.  It also acts as a means of emphasising that the answer to the ‘problem’ of unauthorised encampments and unauthorised developments is the provision of sites. 


Saturday 26 November 2011

Exeter Gypsies Let Down By Council


The proposed sites, at Monkerton and New Court, will be "released for other uses" after an inspector's report said further consultation was needed.
The council has said it will look at other sites across Exeter but that it is "far too early" to commit to any.

 The proposals had "proved unpopular with local people", said the report by inspector Jill Kingaby.
Thirteen traveller pitches were proposed at both sites.
Residents had feared property prices in the area would drop if the Gypsy sites were approved.
Councillor Rachel Sutton, lead councillor for sustainable development and transport, said they were going back to the beginning and looking at all potential sites.
"Maybe we did get it wrong and for that reason we're starting again."
The inspector, who was appointed by the secretary of state for communities and local government, held public hearings in June and August.

Thursday 17 November 2011

Count of Gypsy and Traveller Caravans - July 2011

The July 'caravan count' statistics have just been published by the government. The twice is yearly count is  unreliable, with inconsistent approaches from different Local Authorities, Gypsies and Travellers living on farms and camp sites not being counted etc., but it remains the main source of information about Gypsy and Traveller populations in England.

July's count shows an increase of 400 caravans with 18,600 caravans compared to 18,200 the previous year.
78 per cent of caravans were on authorised sites. Of these 6,600 were on socially-rented sites operated by councils and housing associations, a drop of 200 on the previous year, while 8,000 were on privately funded sites, an increase of 300. The number of caravans on unauthorised developments on land owned by Gypsies and Travellers (i.e. without planning permission) decreased by 200, while the number of unauthorised encampments on land not owned by Gypsies and Travellers increased by 600.

The South West has a highest proportion of unauthorised sites in England. Across the region just 2 new 'affordable residential pitches' were created in the last year (in Gloucestershire).

Gypsy Family Applies For Planning Permission - Portreath

Gary Emmins has applied to Cornwall Council for permission to site a log cabin as a permanent base and a touring caravan.

His agent  Maggie Smith-Bendall points out in her supporting statement to Cornwall Council that the site was sustainable with local services at "a short distance at Redruth and Illogan". The family is currently sharing a site which only had authority for one family. "Mr Emmins is a nomadic travelling Gypsy, who travels the country painting barns in his touring caravan. He also attends most Gypsy horse fairs, as is our custom, where he buys and sells anything of value, which hold a profit to earn part of his living.The family lives by all our traditions, culture and customs, and keeps our Romany language alive by our life-style."

The application will be considered by the Parish Council in December.

Thursday 10 November 2011

TravellerSpace's Other Blog

Alongside this blog we have one focusing on Gypsy and Traveller news from across the UK. We update it most days, mostly with news from local media and think it is the most comprehensive collection of UK Gypsy and Traveller news stories online at the moment, but if we've missed anything let us know.

Gypsy and Traveller News

New Police Eviction Powers On The Agenda?

Simon Kirby, MP for Brighton Kemptown and Peacehaven, yesterday introduced a Bill to Parliament yesterday which would give greater powers to police forces and councils to move on Travellers from unauthorised sites. Although it has little chance of becoming law, Theresa May's statement below suggests it has the sympathy of the government. 

The Bill would revise the Criminal Justice and Public Order Act 2004 to clarify whether the Local Authority or the police should take the lead on evictions. It also calls for changes to the welfare checks Local Authorities are obliged to carry out before making any decision to evict and would allow for the impounding of Gypsy and Traveller homes if they failed to move when directed.

From Hansard
Robert Halfon (Harlow) (Con): Following an illegal encampment of 13 caravans in Harlow town centre at the weekend, Essex police have refused to be the lead agency in removing the trespassers because they are following Association of Chief Police Officers guidelines. Will the Minister confirm that ACPO guidance is no substitute for the police enforcing the law, rather than forcing Harlow council to go through a lengthy court process?
Mrs May: My hon. Friend raises an important issue. First, however, may I commend Essex police for the action that they took alongside Basildon council in the operation at Dale farm? We are looking at whether we need to give the police extra powers in relation to the clearing of encampments and other incursions on to land. Currently, assuming that the incursion is not stopping the normal life of the community, the landowner has to take legal action. If it is stopping the normal life of the community, the police do have some powers. This matter concerns a great many people, and we are actively looking into it. 

Tuesday 1 November 2011

Government Amend Legal Aid and Sentencing Bill to Criminalise Squatting

The Government have announced that their amendments to the Legal Aid and Sentencing Bill will include a clause to make squatting in residential buildings a criminal offence, with up to 51 weeks imprisonment. They are due to debate and possibly vote on the amendment today (Tuesday 1st November) in the House of Commons.

Over 95% of respondents to the Government's ‘Options for Dealing with Squatters’ consultation opposed further legislation, arguing that existing law already provided strong protection to home owners to prevent their property from being squatted. 

However, the Government have made one important concession. A number of groups (including Cardiff Gypsy & Traveller Project, Community Law Partnership, Garden Court Chambers and the New Traveller Association) had pointed out that any definition of a building which included land adjacent to a building might catch Gypsies and Travellers who, especially in urban areas, may have no alternative but to stop on disused land next to a building. 
The Government noted concerns of groups representing Gypsies and Travellers that any new offence could criminalise Gypsy and Traveller encampments on land ancillary to the buildings protected by any new offence. Respondents indicated that it was quite common for Gypsies and Travellers to encamp on land outside disused factories and warehouses, particularly in urban areas. The Government has decided to limit the offence to residential buildings, however, and it will not extend to the land ancillary to those buildings at this stage.
Options for dealing with squatters - response to consultation  (pdf)

Sunday 30 October 2011

House of Lords Discuss Gypsy and Traveller Planning

"The Secretary of State says, when asked about Travellers, that we want to see fair play within the planning system. However, what we have under the coalition is a manifestly unfair system in which the prejudice and racism of settled communities has been given free rein; where local authorities are being encouraged-and indeed subsidised to the tune of millions of pounds-to kick Travellers off sites they own and develop at their own expense; and where planning for Travellers is under a different and harsher regime than for the rest of the population.
For the past 45 years, I have fought for the rights of Gypsies and Travellers to have places to live like everyone else. I am sorry to say that under this Secretary of State we are back where I began. The spectacle of riot police invading Dale farm to evict residents, including pregnant women, small children and disabled elderly people, was the epitome of our denial of fair play to this most deprived of all communities."
Lord Avebury 27/10/11

Sunday 23 October 2011

Resignation call after Somerset Traveller site bid fails


Henry Hobhouse, who represents the Castle Cary ward on South Somerset District Council, came under fire when his planning application was discussed by the authority's area east committee last week​
The application was refused on the grounds of there being no permanent water supply on the site off Green Lane, Pitcombe, as well as concerns over road safety and sustainability. Pitcombe residents claim Mr Hobhouse has flouted planning law by allowing caravans onto the land without permission two years ago.

Mr Hobhouse refused to confirm if he was going to appeal the decision. If he does not, enforcement action will be taken to ensure the caravans and Travellers are removed.

Villagers feared that if approved, the site could become overrun with caravans and turn into another Dale Farm, the former Essex scrapyard at the centre of a national Gypsy eviction row.

District councillor for Tower Ward, Mike Beech has called for the resignation of Mr Hobhouse.
"There has been a total lack of democracy and Mr Hobhouse should not have been allowed the caravans to stay on his land for so long," he told the meeting.
"He has told us there is a water supply to the land when there has not been anything there for 20 years.
"I think he should be kicked off the district council with immediate effect."

 

Wednesday 12 October 2011

Luxulyan Gypsy Site Gets Planning Approval

TWO Gypsy families say they are "over the moon" after their application for two caravans to settle permanently near Luxulyan was approved.
The site at Conce Moor in Lockengate – midway between Bugle and Bodmin – will also see two brick 18ft by 28ft day rooms built at either caravan.
Cornwall councillors on the central sub-area planning committee voted unanimously in approval of the planning application last Wednesday at County Hall, Truro.
Two halves of the Crowley family will live in each caravan.
The plans were approved despite Luxulyan Parish Council objecting to the application on grounds such as "unwarranted development in the countryside" and a risk of precedent being set for similar unwarranted developments in the future.
No one from the parish council was present at the committee meeting.
The Crowleys said they wanted to set the record straight about any misconceptions arising as a result of the parish council's claims.
"We have not just moved here, we have lived here a long time. Our husbands have lived here their whole lives and granny has lived here for more than 70 years," said a member of the family, who did not wish to be named.
"Our children go to the local school and although we want them to know their heritage, we don't want them or us to be judged just because we are Gypsies.
"We're ordinary people just like anybody else, we don't want any trouble. We just want to live our lives now and enjoy the fact we can live close to granny.
"We just wish someone from Luxulyan Parish Council would have come and spoken to us about their concerns."

Thursday 29 September 2011

Gypsy and Traveller Site Grant Spent On Homes For Other People

"Millions of pounds intended for new Gypsy and Traveller sites have been diverted to other projects, a move described as shocking by the Equality and Human Rights Commission.

The Gypsy and Traveller Sites Grant, launched in 2008, had £97m available to "reduce the number of unauthorised sites" and "reduce the need for costly enforcement action". But only £16.9m has been spent. A lack of ring-fencing has meant millions being channelled into affordable homes not intended for Gypsies."

Tuesday 27 September 2011

Women of Wheal Jewel

Gypsy women from Wheal Jewel, near Camborne, Cornwall talk about their lives in this short radio piece recorded by student Kirstie Christopher.

Thursday 22 September 2011

Cornwall Council's Bid for £1.5m for Gypsy and Traveller Accommodation

Cornwall Council has bid for £1.5 million to solve the problems faced by Gypsies and Travellers who have no legal place to call home or to temporarily stop in Cornwall. Currently there are around 20 unauthorised sites, with most 'tolerated' by the Council, because there is simply no where else for the Gypsies and Travellers to live.

If successful the bid will provide seven new residential and transit sites. The preference of most Gypsies and Travellers surveyed for the 2006 Gypsy and Traveller Accommodation Assessment (pdf) was for small, unobtrusive sites and this has been recognised by the Council in their bid.

West Briton 22/09


Wednesday 21 September 2011

Luton Council to Evict Dale Farm Refugees

Around 20 caravans from the disputed site in Basildon, Essex have pitched up at Stockwood Park in Bedfordshire and it is thought more could be on their way.

Homes and Community Agency Continue to Offer Solution for Dale Farm Travellers


On the day that hundreds of Traveller families were due to be evicted from the Crays Lane site, the HCA confirmed that it owned ‘extensive’ land within the Basildon district and that its offer of help remained on the table if the council wished to continue negotiations.

The HCA said it had been ‘working for two years’ to help find suitable alternative accommodation in the area for the Travellers but the council’s decision to withdraw from a working group in October 2010 was a key ‘turning point’.

Tuesday 20 September 2011

Hatred and Hypocrisy

 "Institutional racism was defined by the Stephen Lawrence report as "collective failure of an organisation to provide an appropriate and professional service to people because of their colour, culture or ethnic origin."

Under this definition the forced eviction of Dale Farm travellers is the biggest single incident of institutionalised racism in Britain, defying commercial or common sense.

No other ethnic minority in Britain would accept such an attempt to destroy their culture and way of life.Like the inquiry into the death of Stephen Lawrence, the eviction of Travellers at Dale Farm is a defining moment in British race relations."

From the Morning Star

 

Tuesday 13 September 2011

Gypsy Site for Development in Plymouth

Gypsy Sites For Development – Plymouth

Plymouth City Council would like to hear from organisations or individuals who would be interested in acquiring a 99 year lease for land off Military Rd, Efford.

The site benefits by having planning permission for 10 permanent pitches for Gypsies and Travellers.

The lease will be sold by informal tender and subject to a contract requiring any selected developer to build these pitches and make arrangements for proper site management.
We will be holding an open day in early October where more information including how to complete an expression of interest for the tendering process will be available.

If you want to find out more please contact:

Bronwyn Prosser on 01752 304321

or

E-mail: bronwyn.prosser@plymouth.gov.uk

Closing date: Friday 30th September

Monday 5 September 2011

Basildon Council Names The Day

Basildon Council has confirmed the Dale Farm eviction will start on the 19th September.

Dale Farm press release:

The date for the £18 million eviction of Dale Farm, a former scrapyard which is now home to 90 families, has been revealed to be 19th September. The date was leaked to the local newspaper, the Basildon Echo by a council source before families at Dale Farm were notified.

Dale farm residents are asking the United Nations to move their visit, originally scheduled on Sept. 14th, to the week of Sept 19th. The UN has called on the government to suspend the "immature and unwise" eviction, saying it would "disproportionately affect the lives of the Gypsy and Traveller families, particularly women, children and older people".
Dale Farm residents will give a press briefing early this afternoon at Dale Farm.

The Dale Farm community also extended an invitation to Amnesty International, Jewish, Catholic, Anglican, anti-racist and trade union groups. These organisations are some of the broad array of groups which have been supporting the campaign against eviction. They are now all being asked to schedule visits to the sites on the week the eviction is scheduled.

Rose Shelby, a neighbour of Dale Farm who has signed up to be a human rights monitor with the Dale Farm Solidarity Campaign, commented:

"With the leaking of the eviction date Basildon Council will face an unprecedented alliance in opposition to their planned eviction. On 19th September Basildon Council and the coalition government who are financing this will face a moral challenge to explain to thousands of people and the world's assembled media why they are choosing to make over 100 children homeless and remove them from their schools. It really is time to call-off this eviction and seek a sensible solution to the situation."

Kathleen McCarthy, a resident of Dale Farm, expressed frustration at the announcement:

“We found out about the date of the eviction through the press rather than through dialogue with the Council. We are worried, because we have nowhere else to go. One hundred children will have to be pulled out of school just three weeks into the school year. This has been our home for decades- why won’t Basildon Council see sense?”

This weekend on live radio, Mrs McCarthy challenged the deputy leader of Basildon Council Steve Horgan, to explain why he hadn't responded to a letter from the Bishop of Brentwood, offering to mediate the dispute and seek a peaceful solution. No answer was forthcoming. Dale Farm residents have offered to leave the homes if an alternative site can be found, but Basildon Council has refused to give planning permission for the Travellers.

savedalefarm@gmail.com
07583761462
A petition has been started asking that, considering the UN statement, Basildon Council find a peaceful and appropriate solution for the Gypsy and Traveller residents of Dale farm, including identifying culturally appropriate accommodation, with full respect for the human rights of the families involved and further; that Basildon Council takes no action against the residents of Dale Farm until such time as it has fulfilled this request.

Monday 22 August 2011

National Planning Policy Framework Cosultation

The Government is holding a consultation until 17 October on its draft National Planning Policy Framework (the Framework).

The Government is, therefore, asking what people think of the Framework.

It asking for:

* any views on any part of its draft Framework
* any views on the relationship between its draft Framework and its draft planning policy for traveller sites
* any views on its plans to put traveller site planning policy in the Framework.

If you have any questions, please call Paul Williams on 0303 44 41223.

Oral hearings - Traveller site planning policy and National Planning Policy Framework

To increase the accessibility of the consultation for those with poor literacy, they are organising oral hearings.

This means that those who would find it hard to reply to a written consultation can come and give their views at an oral hearing.

They are holding six hearings. These will focus on planning policy for Traveller sites in the context of the Framework.

These will be in the following locations on the following dates:

* London Wednesday 7 September 2011
* London Wednesday 28 September 2011
* Leeds Thursday 8 September 2011
* Birmingham Tuesday 13 September
* Bristol Thursday 15 September 2011
* Manchester Tuesday 4 October 2011.

They will confirm the time of these six oral hearings shortly and update their website.

If you want to come, please call Paul Williams on 0303 44 41223.

Wednesday 17 August 2011

New Pitches for Plymouth

Plymouth council are pressing on with their plans to create 55 new pitches in the city despite a concerted anti-Gypsy campaign and having twice been turned down for government funding.

Wednesday 3 August 2011

"There's a lot of people that still say to me: 'Travellers don't pay taxes and stuff'.

Devon Romany Louise Broadway talks to the BBC about being a Gypsy working in a mainstream job.

"Right from the start I was like: 'I'm a Traveller by the way, if you don't like it you can lump it. If you don't say to anyone [that you're a Traveller] then they'll always think about the ones that they see in the press and the negative side of things”

Cuts Threaten Traveller Children's Schooling

An investigation by the Independent newspaper has show that more than a third of Local Authorities have scrapped or slashed funding for Traveller education.

127 out of the 152 local authorities in England provided data showing that 24 planned to scrap their Traveller education support team, while a further 34 had cut staffing levels. 20 councils refused to reveal projected staffing levels as they were "under review", "undecided", "unknown" or being "restructured".

Joint president of the National Association of Teachers of Travellers Linda Lewins commented: "I'm gobsmacked by the speed at which it has happened, I'm watching 20 years of hard work being pulled apart."

Friday 22 July 2011

Your Chance To Comment On New Planning Policies

Following a threatened legal challenge the Government has organised oral hearings about the proposed changes to planning for Gypsies and Travellers. It is essential that these hearing are attended by as many Gypsies and Travellers as possible to get their voices heard in the consultation process. 

 If you can  attend any of these events, please contact Paul Williams on 0303 444 0000, or email Suzanne.Walpole@communities.gsi.gov.uk Please note that in order to arrange visitor passes, they will need names of attendees at least 24 hours before the event. Meetings have already taken place in Lancashire and Hackney.

• Tuesday 26 July (1pm – 4pm): Leeds Gypsy and Traveller Exchange, Ground Floor, Crown Point House, 169 Cross Green Road, Leeds, LS9 0BD

• Wednesday 27 July (11am – 2pm): 2 Rivergate, Temple Quay, Bristol, BS1 6EH (Government Building)
• Thursday 28 July (10am – 1pm): Friends, Families and Travellers, Community Base, 113 Queens Road, Brighton, BN1 3XG

• Friday 29 July (12.30pm – 3.30pm): Citygate, Gallowgate, Newcastle-upon-Tyne, NE1 4WH (Government Building)
 
• Monday 1 August (midday – 3pm): Derbyshire Gypsy Liaison Group, Unit 3, Molyneux Business Park, Whitworth Road, Darley Dale, Nr Matlock, DE4 2HJ

• Tuesday 2 August (11am – 2pm): 5 St Philip's Place, Colmore Row, Birmingham, B3 2PW (Government Building)
 
• Wednesday 3 August (10am – 4pm): Eland House, Bressenden Place, London, SW1E 5DU (Government Building)

If you can't get to one of these hearings you have until the 3rd of August to respond in writing or by email - Planning For Traveller Sites Consultation 

The Gypsy Council have a useful Facebook page to help people in their responses.

Wednesday 13 July 2011

New Squatting Laws A Cover for Criminalising Gypsies and Travellers On Unauthorised Sites

Ignore headlines about squatters, government proposals target Gypsies and Travellers

"That it is this group [Gypsies and Travellers] that is the primary target of the proposed reforms would seem clear when one recalls that before the last election, the Conservatives proposed criminalisation of intentional trespass as an adjunct to the removal of the regional development plans, which imposed requirements on local authorities to identify and provide new sites. At that time, it wasn't surrounded by all the briefed brouhaha about squatters, but was clearly aimed at Travellers."

Monday 4 July 2011

Dale Farm Eviction Notices Served

Dale Farm residents have been given until midnight on 31st August to leave  their homes before the bulldozers move in.

Eviction notice



"These eviction notices have been issued despite the fact that Dale Farm residents have consistently offered to leave their land willingly and peaceably, if given viable alternative plots to move on to, which would enable them to rebuild their homes while maintaining their community, their children’s schooling and their health care. No alternative viable housing has been offered to the families of Dale Farm. This means that in the event of an eviction some 90 families will be made summarily homeless, including many elderly, sick, and very young residents."

Saturday 2 July 2011

Legal Aid Bill

Combined with the proposed changes to planning law and policy, the Legal Aid Bill will be calamitous for Gypsies and Travellers who wish to access legal advice and assistance to challenge evictions and to be advised and represented on High Court planning matters.

Chris Johnson of the Travellers Advice Team, Community Law Partnership has written to the following briefing paper and an on-line petition has been set up, which we urge you to take the time to sign.


LEGAL AID BILL ADVICE AND REPRESENTATION TO GYPSIES AND TRAVELLERS BRIEFING SUMMARY


The Legal Aid Bill1 was published on the 21st June 2011.

If brought into force as it stands now this Bill will have disastrous effects on the provision of advice and representation to Gypsies and Travellers on accommodation issues (to say nothing of the disastrous effects on many other areas of the law such as welfare rights, debt and education to name but a few).

Clause 8 of the Bill states that civil legal services will only be available in those areas detailed in Schedule 1 Part 1 of the Bill.

Clause 26 provides that the Lord Chancellor may provide services by means of telephone advice. On the same date as the publication of the Bill the response to the consultation on Legal Aid has been published2. There had been a proposal that telephone advice should be the “mandatory single gateway” to Legal Aid assistance (which would mean that only those providers who had telephone advice contracts would be able to deal with that initial stage). At para 146 of the consultation response the Government has stated that,initially, they will confine this proposal to four areas of law: debt; special educational needs; discrimination cases; and community care. At paragraph 153 they confirm that the Community Legal Advice Helpline will continue in the following areas: debt; special educational needs; discrimination; community care; family; housing.

Schedule 1 Part 1 of the Bill contains those services which remain in the scope of Legal Aid (by this is meant all forms of advice, assistance and representation). At paragraph 17(1) “Judicial Review” is kept within scope. However paragraph 17(2) makes 17(1) subject to the exclusions in Schedule 1 Part 2. Part 2 paragraph 5 excludes ‘trespass to land’.

At paragraph 27 onwards “loss of home” is kept within scope but the following should be noted:-

(8) In this paragraph “home”, in relation to an individual, means the house, caravan, houseboat or other vehicle or structure that is the individual’s only or main residence, subject to sub-paragraph (9);

(9) References in this paragraph to an individual’s home do not include a vehicle or structure occupied by the individual if there are no grounds on which it can be argued –
(a) that the individual is occupying the vehicle or structure otherwise than as a trespasser, and
(b) that the individual’s occupation of the vehicle or structure began otherwise than as a trespasser

(10) In sub-paragraphs (8) and (9), the references to a caravan, houseboat or other vehicle include the land on which it is located or to which it is moored.

Excluded services are listed at Schedule 1 Part 2. Gypsy and Traveller planning work (in other words High Court planning appeals, planning injunction actions, challenges to Stop Notices and direct action etc) are not mentioned but (subject to what I say later) must be taken to be excluded by not being included in Schedule 1 Part 1.

In its consultation response the Government accepts that the majority of the over 5,000 responses they received were against the reforms. Nevertheless they are willing to fly in the face of those responses. For example at paragraph 41 of the consultation response they state:-

Over 90% of Respondents to the consultation disagreed with the proposals to remove from the scope of Legal Aid those cases and proceedings set out in the consultation.

At paragraph 234 of the consultation response the Government conclude that they will proceed with a 10% reduction to all fees paid under the Civil and Family Legal Aid Schemes. At Annex B paragraph 74, the Government relate the key issues raised in the consultation on Housing cases (which incorporates Gypsy and Traveller accommodation cases). They state that one of the key points raised by Respondents was:-

Funding should be provided for planning appeals and eviction cases involving Gypsies and Travellers because this group was one of the most vulnerable in society.

However, in their response to the consultation from paragraph 75, they fail to actually respond to that point.

Discussion

The main types of Gypsy and Traveller cases that come under the housing umbrella are: evictions from unauthorised encampments; evictions from rented sites; other issues relating to rented sites; High Court planning cases (injunctions, planning appeals, challenges to Stop Notices and direct action etc), and homelessness cases.

Under the Government Bill all unauthorised encampment eviction cases will go out of scope. A very large number of planning matters will go out of scope (there may be cases where it can be argued that loss of home is involved though this may be difficult to argue since the word ‘eviction’ is used under ‘loss of home’ in the Bill – so it can be argued in certain injunction cases but has to be presumed that all injunction cases will go out of scope. Stop Notice and direct action cases will normally involve Judicial Review and will therefore be within scope). Ironically, since, after an enormous struggle, the Mobile Homes Act 1983 has finally been applied to local authority sites, all aspects of the Mobile Homes Act 1983 apart from possession actions will go out of scope.

Some 25% of the Gypsy and Traveller population who live in caravans in England and Wales are either on unauthorised encampments or unauthorised developments and, therefore, many of those people will be directly affected by these proposals. At CLP we estimate that at least 75% of our ‘accommodation cases’ for our Gypsy and Traveller clients would no longer be within scope.

As is, of course, well known, the Gypsy and Traveller community are one of the most vulnerable and disadvantaged communities in the England and Wales in terms of health, education and discrimination and it is almost universally accepted that these disadvantages and problems would be addressed if there was adequate site provision.

The above means that perhaps up to 25% of this population are homeless compared with 0.1% of the settled population.

Those advising and representing Gypsies and Travellers on eviction cases know that many local authorities fail to follow the Government guidance on unauthorised encampments, fail to take into account Human Rights considerations, fail to take account of the relevant caselaw and fail to follow a proper and reasonable process. If Gypsies and Travellers involved in High Court planning cases are unsuccessful, then that will result in loss of their home and homelessness.

There has been some publicity in the media stating that Legal Aid will be refused to “squatters”. This publicity refers to a few high profile cases where expensive properties have been squatted. It is rather ironic, therefore, that the exclusion in the Bill does not actually cover “housing”. It would appear, therefore, that squatters in houses could potentially obtain Legal Aid. However, it should also be pointed out that it would be extremely rare for squatters in houses to obtain Legal Aid.

Some of the leading Supreme Court and Court of Appeal cases in the areas of evictions and homelessness have involved Gypsy and Traveller cases. Additionally the recent Supreme Court judgments in Manchester City Council - v – Pinnock and London Borough of Hounslow – v – Powell and Others made it clear that, in unauthorised encampment cases, Article 8 of the European Convention on Human Rights (the right to respect for private and family life and home) would be engaged. However, the Bill will ensure that Romani Gypsies and Irish Travellers (ethnic groups under the Equality Act 2010) will be excluded from raising these Human Rights issues in any defence to an eviction action.

The Equality Impact Assessment that accompanied the Bill fails to mention Romani Gypsies or Irish Travellers at all. A separate legal challenge is being considered because of this.

The Bill had its second reading in the Commons on 29 June 2011 and the Government are clearly determined to push it through as fast as possible.

For more information about the campaign that is already in progress to retain legal aid for Gypsies and Travellers please contact me – see below. Please sign our online petition at http://www.petitiononline.co.uk/petition/no-mad-laws/3062 (please make sure you validate your signature).

Chris Johnson
Travellers Advice Team, Community Law Partnership, 4th Floor Ruskin Chambers, 191 Corporation Street, Birmingham B4 6RP
Tel: 0121 685 8595
Fax: 0121 236 5121


1 Legal Aid, Sentencing and Punishment of Offenders Bill 2011
2 The Reform of Legal Aid in England and Wales : the Government Response

Friday 1 July 2011

Government Extends Consultation Deadline for New Planning Policies


The Government has extended the deadline for responses to the Planning for Traveller Sites consultation by four weeks. This means that the consultation will now close on 3 August 2011.

The Government is also going to organise an oral hearing process as part of the consultation. This is to help people for whom a written consultation exercise may be difficult.
Anyone interested in taking part in this should contact Paul Williams on 0303 44 40000 or by email at paul.williams@communities.gsi.gov.uk.

Further details on this announcement, the consultation documents and on how to respond to this consultation are set out at:

http://www.communities.gov.uk/publications/planningandbuilding/travellersitesconsultation


Wednesday 29 June 2011

January 2011 Caravan Count

Twice yearly Local Authorities in England  are supposed to undertake a count of Gypsy, Traveller and Showpeople caravans in their area. The results of the January count have just been released. The Guardian's analysis of the data records a 26% drop in unauthorised sites on land not owned by Gypsies or Travellers and an 8% decline decline Gypsy or Traveller owned unauthorised sites (sites without planning permission).

This suggests the previous government's policies towards the provision of Gypsy and Traveller accommodation were starting to have an impact on the number of Gypsies and Travellers with no legal place to live. 




Friday 24 June 2011

Gypsy Council Response to Planning for Traveller Sites Consultation

The Gypsy Council has set up a  Facebook group to help people respond to the government's Planning for Traveller Sites consultation. It is vital that Gypsies and Travellers make sure their voices heard in this consultation. The Gypsy Council says:

"This is a draft policy for the Government outlining proposed changes to the way planning for Gypsy and Traveller sites are passed in England.

It wants to give the decision making power to local powers - this is known as  'Localism' - which is likely to be BAD news for Gypsies and Travellers in the UK who already find it difficult to get sites passed under the current system.

It also proposes changes to the way Gypsy and Travellers are defined by the planning system.

The outcome of this policy will decide how future sites are passed.

If we as a community fail to act, and fail to reply with a large voice, we will be left in an even worse situation - with fewer sites getting passed.  Although this policy will only apply in England it will affect Gypsies and Travellers across the UK as fewer sites in England will likely mean a higher demand elsewhere."

Tuesday 14 June 2011

Devon Gypsy Fears Eviction From Own Land

A Romany Gypsy has said he fears eviction after a retrospective planning application for eight traveller pitches in Devon was rejected by the council.

Clarence Ware moved into four caravans with his family on a farm he bought in Whitestone, near Exeter. The application for four permanent and four temporary pitches was rejected. Mr Ware will appeal the decision.

Boscarn Parc Play Area and Multi-Use Sports Pitch

Two and a half years' of hard work by a group of young Gypsies from Boscarn Parc in Cornwall has seen a muddy field transformed into a new children's play area and multi-purpose sports pitch.
  
TravellerSpace supported twelve young people in identifying what was needed for  their site and the neighbouring community. Consultation events were held, including a den building session with the Eden Project, which concluded that what was wanted was an area to play sports and playground equipment for the younger children. Visits to other play areas and the Eden Project helped to refine the young people's plans. The young people remained engaged with the long and sometimes frustrating process of preparing funding bids, attending meeting and giving presentations. 


The play and sports area was completed in May 2011 as part of a larger refurbishment of the site. To celebrate the children helped organise a launch party and on a windy day more than fifty people gathered for 5-a-side football competition, a chance to learn circus skills, dance and to play.

Thanks to Pool Academy, Devon and Cornwall Police, Cornwall Council and the Eden Project for their support throughout the project and particularly to the funders who made it possible - Groundwork UK, Big Lottery Fund’s Community Spaces, Playbuilder Fund and Our Money Your Dream.


Back To The Past - Planning for Traveller Sites

Some thoughts from the Community Law Partnership on the government's draft guidance Planning For Traveller Sites,  which they intend as a replacement for the previous guidance, Circular 01/2006.


The government consultation runs until 6th July, so there is still time to have your say.

Sunday 12 June 2011

A short film from Sally Tucker Woodbury

"Why I'm doing this video is to help all the other Gypsies out there that might be coming to your villages to find somewhere to live. To make you have better understanding...to don't believe everything you see on the telly..by and large we're mostly respectable hard working people that pay our taxes and contribute to society" 

A short film from Somerset Romany activist Sally Tucker Woodbury.

Friday 10 June 2011

Dale Farm House of Lords Debate

"My Lords, will my noble friend comment on the decision to spend £117,000 per family on eviction of these people from the Dale Farm site considering that there are no other sites in the county to which they could be directed? Does this policy not simply mean that another £18 million will have to be spent by local authorities down the line on evicting the same families from even less suitable locations, to say nothing of the downstream costs on health, education and the social costs arising from these evictions?"


 A - Z of the Dale Farm Struggle

Wednesday 8 June 2011

Gypsy Roma Traveller History Month In Cornwall







GRTHM events confirmed so far for Cornwall:


1st July (postponed from 17th June) - 10.30 am - 5.00 pm, Trehudreth, Bodmin Moor
 "A roaming celebration of Gypsy, Roma and Traveller culture and traditions set in a beautiful valley on the edge of Bodmin Moor. The culture of oral narrative will be brought alive by storytellers, musicians and performers. There will be presentations of Gypsy and Traveller community lifestyle and history.  A series of celebratory and thought provoking films screened in the yurt cinema. 

  • Storytellers / Traveller and Traditional Folktales.
  • Roving Musicians and the Gypsy Jazz Band
  • TravellerSpace (mobile bus activities for children and families)
  • Performers/Fire poi and Juggling      
  • Large Gypsy Cob traditional feathered horse
  • Traditional Traveller Painted Wagon or Varda expected
  • Traveller Michael Lee’s Traveller Films under Canvas in the ‘Yurt Cinema’
  • Pat Barr’s Workshop on ‘Traveller Culture and History’
  • Musician and Singers from ‘The Institute’ Nanstallon Friends of GRTHM (songs poems and stories)
  • Cornwall Wildlife Trust’s Nic Harrison-White’s ‘Plants for Medicine, Wild Food and Herbalism’
  • Dave Salmon’s ‘Preparing a Rabbit for the Pot’!
For a fun day out, stay and enjoy a picnic with family and new friends in the meadows or in the hay barn, dip toes in the stream..."

The event is free but please book in advance with Nic Harrison-White -  trehudreth@uwclub.net

For further information or enquiries please call 07891 840 348

Pool Business and Enterprise College - display on Gypsy and Traveller history and culture put together by pupils from Boscarn Parc. Times and dates to be confirmed.

Monday 6 June 2011

New Traveller History

Couple of  websites documenting New Traveller history, with of photos of homes, people, sites, paper cuttings etc:







Skint Government Finds £5.85 million to Evict Travellers

Dale Farm: Home Office pledges cash for eviction costs

"The Home Office has announced it will pay up to £4.65m towards the cost of evicting Travellers and Gypsies from an illegal site in Essex. The money will go towards policing the clearance of Dale Farm, between Billericay and Basildon.The announcement comes after the Department for Communities and Local Government confirmed it would contribute £1.2m towards the eviction.

 

Great Dorset Steam Fair

The organisers of the Great Dorset Steam Fair have put in a planning application for a site to which Gypsies and Travellers will be directed from any unauthorised encampments for three weeks around the fair. The site, north-west of Tarrant Hinton, will be accessed from the A354 Salisbury Road.


Friday 27 May 2011

Children of the Road

Dale Farm seen through the eyes of the children and young people who live there.

"As the future of the Travellers' camp is placed under threat, this programme follows these youngsters as they live on the margin of society, sharing their hopes and aspirations for the future as they face a period of change."

Tuesday 24 May 2011

Travellers Got Talent

The Sun has apparently forgotten that a few years ago they were calling for people to "stamp on the camps" and is now publicizing  Travellers Got Talent. Travellers Got Talent is a national talent contest for Gypsies, Roma and Travellers, which will be featured in a new eight part TV series this summer, A Gypsy Life For Me.
  

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Travellers Got Talent contestant James Hawkins with Harley

Saturday 21 May 2011

Saturday 14 May 2011

New Sites For Travellers Will Be Created In Brighton

"New sites for Gypsies and Travellers will be created in Brighton and Hove under plans by the Green council. The newly elected council has vowed to identify land to meet the needs of the travelling community and increase provision in the city.

It comes after Brighton Pavilion MP Caroline Lucas supported a motion in Parliament that, if passed, would encourage councils not to evict Travellers from a site unless there was suitable provision elsewhere."