Operational partnerships - Unauthorised encampments policy (O22)

1. Summary of changes

1.1. This policy has been reviewed in June 2023 - no amendments to content have been made. 

2. What this policy is about

2.1. Working with partners, Kent Police will aim to promote community cohesion enabling safer communities by:

• building confidence in the communities we serve
• protecting the public by preventing crime and anti-social behaviour
• gathering intelligence and assess the effects of police and partner actions on local communities

2.2. This policy complies with our legal obligations and the National Police Chief's Council (NPCC) guidance.

3. Statement of policy

3.1. The Equality Act 2010 makes it unlawful to treat someone less favourably on the grounds of colour, race, nationality or ethnic or national origins. The Gypsy Roma Traveller community are a defined 'race' under the Equality Act 2010. Romany Gypsies and Irish Travellers (G&T) are protected under the Race Relations Act (RRA).

3.2. It puts a general duty on the police to have due regard to the need to eliminate unlawful racial discrimination and promote equality of opportunity and good relations between persons of different racial groups. However, there is no legal right to trespass and the law provides a wide range of powers to remove people unlawfully on land. The establishment of any unauthorised encampments (UE) can raise many concerns with the landowner and neighbouring members of the settled or commercial community. Decisions to evict or not must be balanced (as directed by legislation and government guidance) and be compliant with the terms of the Human Rights Act 1998.

3.3. It is essential that the police response takes account of the issues of behaviour, whether criminal, anti-social or nuisance, in combination with the impact on the landowner and settled community rather than because encampments are present at a specific location.

3.4. The Criminal Justice and Public Order Act 1994 allows the senior police officer present to determine if the use of police powers to evict is required. However, within Kent police this decision will always be made in consultation with either the officer's senior leadership team (SLT) lead, or if outside of normal working hours the duty superintendent.

Their decision will be made in accordance with the Criminal Justice and Public Order Act 1994 (CJPOA 1994), NPCC guidance, and this policy. When adhered to this will be in support of the 7 Force Collaboration Memorandum of Understanding (MOU) on unauthorised encampments. The grounds for any action/inaction will be fully recorded. These powers will be used where behaviour or conduct is considered to be inappropriate, for example criminal activity, anti-social behaviour or nuisance, or where the impact of an encampment on others is deemed unacceptable. This position is consistent with all other areas of enforcement within the community. Guidelines on the exercise of police powers concerning unauthorised encampments are given in this policy.

3.5. In managing unauthorised encampments, officers must be sensitive to the fact that across the county there are a lack of pitches on authorised sites and there are no designated ‘transit sites’ therefore 62 A-E, Criminal Justice and Public Order Act 1994, will currently not be utilised in this force.

3.6. The six recommendations for the police, published in ‘common ground’ by the Commission for Racial Equality Inquiry are incorporated into this policy and the Gypsy and Traveller Action Group plan.

4. Implications of the policy

4.1. Finance - the nature of such unauthorised encampments necessitates the need for spontaneous and efficient use of available resources.

5. Related force policies

O17 - Hate Crime 

6. Consultation

Consultation has been undertaken with the following:

• Diversity and Inclusion Manager
• Divisional Commanders

7. Security

7.1. Kent Police have measures in place to protect the security of your data in accordance with our Information Management policy and in accordance with the Data Protection Act 2018/General Data Protection Regulations.

8. Retention and disposal of records

8.1. Kent Police will hold data in accordance with our Records Review, Retention and Disposal policy.