Scottish Government

CONSULTATION ON GUIDELINES FOR MANAGING UNAUTHORISED CAMPING BY GYPSIES/TRAVELLERS

ANALYSIS OF RESPONSES

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SECTION 1 - INTRODUCTION

1. The consultation paper 'Guidelines for Managing Unauthorised Camping by Gypsies/Travellers' was issued on 1 March 2004. The paper asked for comments on specific questions posed throughout the paper, as well as general views and suggestion on the issues covered. Examples of good practice were also invited throughout the paper. The consultation period closed on 24 May but we were able to include a number of late responses in our analysis.
2. Almost 400 copies of the consultation paper were issued by post to local authorities; site managers; voluntary organisations, including those working with Gypsies/Travellers; COSLA; local police forces and members of the public. The document was also available on the Scottish Executive website. A number of audio tapes of the paper were also made available on request to 2 voluntary organisations which work with Gypsies/Travellers. The text of the consultation paper can be found at: http://www.scotland.gov.uk/consultations/housing/gmuc-00.asp
3. The analysis of responses was undertaken in-house by the Scottish Executive and was subsequently considered by the working group set up to draft the original document.

   SECTION 2 - RESPONSES

4. A total of 41 responses were received, as shown in the table below. We would like to thank all those organisations and individuals for taking the time to respond.

5. Classification of respondee	Number distributed	Number of responses
   Local authority	32	23
   Voluntary organisation (including equality groups)	15	4
   Gypsy/Traveller organisation	9	7
   Members of the public	6	2
   Other (including local police forces and MEPs)	27	5

   Handling Issues

6. No comments were received on the length of the consultation period but one of the voluntary organisations which had requested the audio tapes commented that they were of limited use because they were a verbatim translation of the paper. The same organisation expressed disappointment that no attempt was made to organise focus groups to consult more directly with Gypsies/Travellers. Five voluntary organisations expressed disappointment that no Gypsy/Traveller representative was included in the working group that drafted the consultation paper. The working group had considered this issue carefully and concluded that there were difficulties around identifying an individual who could fully represent the range of interests in the Gypsy/Traveller community. It was agreed that the consultation paper would be widely circulated to Gypsy/Traveller organisations and individuals on sites.
7. We received a number of comments on Gypsy/Traveller issues which were not specifically related to the management of unauthorised encampments and it is not within the scope of this consultation process to address these.

8. SECTION 3 - FINDINGS

   General

9. The consultation paper elicited a range of diverse views from respondents. The analysis of the responses suggests that certain groups of respondees hold particular views on the issues raised in the paper.
10. Local authorities generally welcomed the guidelines and supported the recommendations, with one suggesting that councils should be encouraged to provide better quality sites and another suggesting that funding would be required to assist in the provision and management of sites. One authority considered that the paper had too much emphasis on policing and enforcement and that there should be reference to promoting liaison between local services to meet the needs of Gypsies/Travellers.
11. The voluntary organisations who responded generally expressed the view that the guidelines appear to be one-sided and that they emphasise any problems with Gypsies/Travellers (for example around fly tipping and anti-social behaviour) rather than presenting a balanced response to issues. One suggested that the final document should be firmer than just recommendations to local authorities. Two others considered the paper to be racist and that it demonstrated discriminatory perceptions of Gypsies/Travellers. However, two did welcome the positive aspects of the paper and saw it as evidence of the Scottish Executive's interest of Gypsy/Traveller issues.
12. The two members of the public who replied thought that more action should be taken against those on unauthorised encampments and that the document said more about the rights of Gypsies/Travellers than about the rights of the settled community.

13. Chapter One - Introduction

14. There were generally more comments from voluntary organisations about this chapter than from other groups. One voluntary organisation expressed the view that some of the language in the opening paragraph was negative. Two respondents said that the paper did not include any reference to Gypsies/Travellers who were housed but who also travelled.

15. Box 1 - good practice around cross-boundary liaison in managing unauthorised encampments

16. We received responses as follows:

• Eleven authorities gave examples of where they have a formal liaison network
• Eight have an informal network (often amongst site managers)
• One has no cross boundary liaison at all with neighbouring authorities
• One voluntary organisation pointed out that they are aware of examples of bad practice, where local authorities simply wish to move the problem out of their own area.

  Chapter Two - Developing a Strategy for Unauthorised Camping

  Formulating a strategy

1. Two voluntary organisations questioned why there was no reference to the need to actively involve Gypsies/Travellers in developing the strategy, as this is seen as paramount. One local authority suggested that developing a strategy could be taken forward by a Community Planning Partnership.

2. Box 2 - examples of good practice in setting up a working group

3. Responses were received as follows:

• Thirteen councils advised that they have an established working group and gave details of these, although 4 recognised that further development work was required.
• One other authority indicated that they supported the suggestion and were actively considering setting up such a group.

  Local Information

1. One voluntary organisation offered the view that the twice yearly count is not viewed favourably by Gypsies/Travellers, although they accept that there is no real alternative. One local authority proposed working with other organisations to liaise with Gypsies/Travellers. Two other authorities already have mechanisms for collecting information on travelling patterns and on welfare/educational needs and one authority recognised the need for improvement in this area. One voluntary organisation had major concerns about the purpose and storage of this information.

2. Box 3 - examples of good practice around gathering information about Gypsies/Travellers

3. We received the following responses:

• Sixteen authorities offered examples of good practice in this area, with wide recognition of its importance. Gathering information involved voluntary organisations, site managers, Gypsies/Travellers, surveys, health service staff and housing staff.
• Two voluntary organisations suggested improved consultation with Gypsies/Travellers through outreach workshops, interviews, focus groups and videos.

  Site Provision

1. Two voluntary organisations said that there should be more explicit links between the local strategy and LAs' role in site provision. A third voluntary organisation considered that there should be guidelines on assessing accommodation issues and that central government still has a role to play.
2. Two councils advised that their policy is to manage unauthorised encampments and that they are not in favour of short stay sites, while another considers that LAs should be providing short stay sites. Five other authorities are, in fact, actively considering developing short stay sites.

3. Box 4 - action by the LA where there is adequate site provision and/or unused pitches on permanent sites

4. We received the following responses:

• Five authorities provided examples of how they encourage the use of available pitches on permanent sites to reduce unauthorised camping.
• Seven other organisations made the point that there should be some examination of the reasons why G/Ts won't use vacant pitches.
• Three authorities support the idea of analysis of needs and availability of pitches across LA boundaries.

  Working arrangements and protocols

1. One voluntary organisation suggested that liaison meetings should include Gypsies/Travellers. The Scottish Police College offered assistance with joint training events. Two authorities welcomed the recommendations, acknowledging that effective management of unauthorised camping relies on joint work.

2. Box 5 - examples of good practice in joint working

3. Local authorities responded as follows:

• Eleven authorities offered examples of good practice and confirmed that the police are represented on working groups, although one acknowledged that liaison requires further development
• Another supports the idea of having a liaison officer.
• One authority is in the process of setting up a working group.

  Communicating and Monitoring the Strategy

1. Two voluntary organisations and one other organisation pointed out that LAs need to consider literacy issues when communicating with Gypsies/Travellers and to adapt communication style accordingly and that there should be a variety of user friendly formats available. Monitoring should include the opportunity for feedback from Gypsies/Travellers via appropriate mechanisms.

2. Box 6 - how other LA strategies link into strategy on unauthorised camping

3. Local authorities responded as follows:

• Eleven LAs gave examples of how other strategies linked with the strategy for managing unauthorised camping.
• Two other authorities advised that, while they have not developed a strategy for unauthorised camping, Gypsy/Traveller needs are already, or will be, referred to in other strategy documents.

  Chapter Three - Managing Unauthorised Camping

1. One voluntary organisation suggested that any strategy for managing unauthorised camping should incorporate proactive measures to tackle racism.

2. Box 7 - examples of proactively managing unauthorised encampments

3. The following responses were received:

• Fifteen authorities provided examples of their organisation's approach to managing unauthorised encampments. In most cases, LAs ensure that staff visit the encampment to assess any welfare needs; offer a pitch on a permanent site if available and make arrangements for rubbish collection.
• One in particular indicated that they would welcome more explicit guidelines from the Executive and dissemination of good practice.
• Two voluntary organisations suggested that LAs should begin with the provision of basic services like refuse collection; access to clean water and toilets to make life easier for the Gypsies/Travellers.

  Gypsy/Traveller behaviour at encampments

1. There were mixed views about whether a specific code for Gypsies/Travellers is appropriate, with voluntary organisations in particular voicing concerns about this. One voluntary organisation felt that there should either be no code at all or one that covered the settled community as well. Another voluntary organisation expressed concerns about a code and lack of clarity about terms, whilst 2 others felt that this encouraged a negative emphasis, with the emphasis on problematic behaviour.
2. However, twelve local authorities already have, or are preparing, a Code of Behaviour. One authority considers that it is not appropriate to have a separate code as this singles out Gypsies/Travellers and advised that they may consider adapting their good neighbour statement.

3. Box 8 - examples of developing a Code of Behaviour for Gypsies/Travellers

4. Responses were received as follows:

• Six authorities have a leaflet that sets out what is expected
• Six other authorities are currently preparing a leaflet or considering a code.
• Another has a code of behaviour based on their good neighbourhood charter.
• One LA indicated that they have a tenancy agreement for site pitches and that a code could only apply to designated sites and not for the whole population.
• Another recommends the use of a code but considers that all residents in an area should behave appropriately and another is intending to produce a leaflet.
• One voluntary organisation is also developing a code of behaviour.

  Dealing with waste disposal and fly-tipping

1. One local authority stated that they would not be keen to provide toilets as it is not clear who would pay for this. Another suggested that the issue of provision of water should be kept separate from rubbish collection, as these are different LA duties. One voluntary organisation said that services should include a water supply and that there were too many caveats around the provision of services by the LA.
2. Three voluntary organisations and one local authority pointed out that it is not only Gypsies/Travellers who fly-tip but members of the settled community too.

3. Box 9 - examples of LA strategies for managing fly-tipping on unauthorised encampments

4. A number of authorities gave comments on their strategies for managing fly-tipping on unauthorised encampments.

• Eight local authorities provide bags and/or arrange for the collection of rubbish bags and bulk items, although this is sometimes after the encampment has moved on.
• Two of these authorities are considering the provision of skips and/or toilets
• One is looking at abolishing the charge at civic amenity sites for Gypsies/Travellers
• One local authority thought that this should form part of wider guidance on managing unauthorised camping.
• One advised that it will be addressed as part of the code of behaviour.
• Another authority considers that it is difficult to identify perpetrators and that it is difficult to take effective action.

  Keeping people informed

1. One voluntary organisation pointed out that the means of communicating with Gypsies/Travellers needs careful consideration, as there may be literacy difficulties. Another voluntary organisation considers that there should be respect for and understanding of Gypsy/Traveller culture.
2. One local authority queried who should be the point of contact in the settled community and what would their role would be.

3. Site Protection

4. One member of the public expressed the view that not enough is done to protect local beauty spots and that no action is taken by the police when access if forced. One local authority considers that it is inappropriate for LAs and landowners to prevent access to land and that there should not be a duty to protect land. One private company thinks that it would be inappropriate to protect land, such as lay-bys, in this way, as it would restrict access to other users.

5. Mass Gatherings

6. There was a lack of consensus amongst respondees about whether or not advance notice is practical or desirable. One LA confirmed that the council and the police are normally informed beforehand. Two LAs agreed that advance notice would be useful, although another indicated that it was not clear how advance notification would work. Yet another considers that it is unrealistic to expect prior notice.
7. One voluntary organisation said that the travelling tradition should not be curtailed by having to give advance notice of movements.

8. Box 10 - experience of managing mass gathering and how it should be defined

9. Not all LAs have had experience of managing a mass gathering.

• One in particular said that they would welcome good practice guidance
• Another LA indicated that they have concerns around managing mass gatherings
• One LA advised that, in their experience, good communications and management have helped avoid disruption.
• One LA suggested a mass gathering could be defined as 10 or more vehicles
• Another two suggested it could be more than 12 caravans.
• Two other authorities proposed that over 20 caravans would constitute a mass gathering.
• ACPOS suggested that it would be better not to define a number but rather to consider the impact on the individual area and available resources.

  Chapter Four - Making Decisions and Taking Action

  Unacceptable Encampment locations

1. Two voluntary organisations said that it was a pity that these criteria could not also have been applied to the location of permanent sites, as many permanent sites are in unacceptable locations.

2. Box 11 - what should be included as unacceptable locations

3. Various respondents suggested that the following should be included:

• sports grounds
• public open spaces/parks
• development sites
• nature reserves
• where there are residential or sensitive premises adjacent
• sites of historic interest
• hospital grounds
• car parks
• contaminated sites
• beach fronts; schools
• proximity to existing permanent site
• industrial estates/business parks
• on a public road
• serious disruption to business
• where there would be obstruction to public access
• beauty spot/viewpoints

Welfare Enquiries

1. One LA commented that it is not always realistic to be accompanied by the police and two voluntary organisations thought that the need for police presence made discriminatory assumptions about risk and violence, as well as raising practical issues. Two LAs suggested that a visit within 24 hours is not realistic (particularly in rural areas) and that this should be changed to 2 working days.
2. One voluntary organisation proposed that independent workers should be included in any site visit. Two other voluntary organisations expressed concern about references to 'monitoring behaviour' and references to 'standards of behaviour'.

3. Reaching a Decision

4. One LA considers that there is a need to review legislation; that there are legal obstacles to taking eviction action and that the current legislation is not helpful. One other authority also queried the efficacy of existing legislation. One organisation thought that the reasonable wishes of the landowner should be taken into account

5. Preparing for Removal

6. One organisation commented that anyone camping without authority should be moved on, with no exceptions. Another suggested that circumstances that may lead to removal should include situations where land management is impeded.
7. One voluntary organisation queried how authorities will know if it is a repeat visit by the same group of Gypsies/Travellers without collecting intrusive information. Another asked if there is any right of appeal against removal. One other voluntary organisation commented on the use of the phrase 'public interest', as Gypsies/Travellers are also members of the public.
8. One LA requested that there should be clear guidance on legal action, the evidence required and criteria to be applied in order to assess whether removal is justified. Another LA commented that the guidelines for removal only apply to council owned land or where the council had responsibility.

9. SECTION 5 - CONCLUSIONS

10. There was a broad consensus of opinion amongst local authorities about the content of the draft guidance and they generally welcomed the recommendations made. There was also a broad consensus of opinion amongst voluntary organisations, particularly those who work directly with Gypsies/Travellers, who expressed concern about some of the terminology used and the fact that the guidelines seemed to be prejudiced against Gypsies/Travellers. However, there was also a cautious welcome for the guidelines as an indication of the Scottish Executive's interest in Gypsy/Traveller issues. Only two members of the public responded but they both commented to the effect that there was too much emphasis on the rights of Gypsies/Travellers. Other organisations who replied generally supported the draft guidelines, although there were some negative comments from those groups whose interests are seemingly in conflict with those of the Gypsies/Travellers (e.g. private companies and other interest groups)
11. These diverse comments reflect some of the difficulties and differences of opinion around what is, at times, a contentious issue with conflicting expectations and desired outcomes amongst the groups and individuals involved. Voluntary organisations do not, on the whole, consider that the guidelines go far enough in protecting the interests of the Gypsy/Traveller community, whilst members of the public and some non-public sector organisations do not consider that they go far enough in protecting the interests of the settled community. The challenge is in taking these diverse comments into consideration when developing final guidelines which will steer a course between these two extreme views, but which will still assist local authorities, in conjunction with the police, to develop strategies to manage unauthorised camping and attempt to meet the sometimes conflicting needs and expectations of those affected by it.

Annex A list of consultees

All 32 local authorities
LA Site Managers
Communities Scotland
Crown and Procurators Fiscal Office
Scottish MEPs
COSLA
ACPOS
All Scottish Police Forces
National Resource Centre (Ethnic Minority Health)
Forestry and Timber Association
Nevis Range Development Co Plc
Scottish Landowners Federation
Chartered Institute of Housing
Citizens Advice Scotland
Scottish Civic Forum
Scottish Council for Voluntary Organisations
Scottish Federation of Housing Associations
Scottish Gypsy/Traveller Association
Scottish Human Rights Centre
Scottish Legal Action Group
Scottish Traveller Education Programme (STEP)
Shelter
The Highland Gypsy/Traveller Health and Wellbeing Initiative
Traveller Education Information Project (North East)
Scottish Travellers Against Racism (STAR)
Gypsy/Traveller Community Development Project
Black and Ethnic Minorities Infrastructure in Scotland (BEMIS)
Edinburgh and Lothian Race Equality Council (ELREC)
Save the Children
Having our Say Group
Disability Rights Commission
Dundee Anti-Poverty Forum
Equal Opportunities Commission
CRE Scotland
Crossroads
Interested members of the public

Annex B list of respondees

Highland Council
East Ayrshire Council
Aberdeenshire Council
Stirling Council
Argyll & Bute Council
West Lothian Council
Moray Council
Aberdeen City Council
Highland Council
Angus Council
East Renfrewshire Council
West Dunbartonshire Council
Renfrewshire Council
South Ayrshire Council
Glasgow City Council
North Lanarkshire Council
Fife Council
South Lanarkshire Council
Edinburgh City Council
East Lothian Council
Midlothian Council
Falkirk Council
Perth and Kinross Council
Dundee Anti-Poverty Forum
CRE
Scottish Legal Action Group
Save the Children
Lochaber Routes
Traveller Education Project (North East)
STEP (Scottish Traveller Education Programme)
Gypsy/Traveller Community Development Project
'Having our Say' Group
Mark Kennedy on behalf of the SG/TA
Highland Gypsy/Traveller Health and Wellbeing Initiative
Communities Scotland
ACPOS
RICS
Nevis Range Development Co Plc
Forestry and Timber Association
Interested members of the public