Unauthorised Encampments Memorandum of Understanding

3.2 The signatories to this document hereby agree to establish a ‘UAE Management Group’, which will comprise key named individuals/email addresses from each organisation as set out below.

Buckinghamshire Council

• [email protected]

Thames Valley Police

• [email protected]

3.3 On receipt of a report of a new UAE, the signatories agree to notify the

UAE management group to agree a strategy for management and

communication. The management group will keep all other parties

informed, at regular intervals, of the following:

• The location of the encampment and any notable features of the site and nature of the encampment;
• No. caravans/cars and adults/children (if known);
• Key dates including date of arrival;
• Proposed lead authority and intended course of action with timetable;
• Regular updates of progress and key actions/timescales;
• Proposed communications strategy; and
• Confirmation of the encampment’s departure

3.4 Each organisation is responsible for its own internal communications for example with members. 3.5 The parties also agree to the following:

3.7 Although CJPOA powers apply to all local authorities, it is agreed that Buckinghamshire Council will lead on the use of Section 77/78 powers in relation to Gypsy and Traveller UAEs within Buckinghamshire where the UAE is present on land owned by the Council, and where CJPOA powers are proportionate.

3.8 Where the following circumstances apply, the Council will seek the support of Thames Valley Police and the use of S61 powers:

a) Local amenities are deprived to communities or there is significant impact on the environment This could include a recreation ground, public park, school field, public car park. There must be evidence that other sections of the community are being deprived of the amenities before action is taken.

b) There is local disruption to the economy This could include significant disruption to workers or customers using business premises or if an encampment is on agricultural land and it results in loss of use of the land for its normal purpose.

c) There is other disruption to the local community or environment The would include ASB/criminal activity linked to those present at an encampment, which is so significant that prompt eviction by Police becomes necessary rather than by other means.

d) There is danger to life For instance where an unauthorised encampment is on the edge of a motorway and there is a danger of children or animals straying onto the carriageway.

e) There is a need to take preventative action

For instance where a known group of individuals have caused or persistently displayed anti-social behaviour at previous sites and it is reasonably believed such behaviour will be displayed at a newly established site.

3.9 For the avoidance of doubt, all signatories agree that the above criteria are likely to apply where the group occupying the encampment intend to take or are actively undertaking organised waste crime (Operation ANGOLA).

In all instances, Thames Valley Police will follow the steps/process set out in the regional joint protocol. Any rationale negating the use of S61 where it is believed to be suitable by signatories needs to be cascaded to the MoU group. The purpose of this is to facilitate any escalation deemed necessary to the LPA Commander as per section 4 of the Thames Valley Police and Local Authority Joint Protocol for dealing with Unauthorised Encampments.

3.10

3.11 Where CJPOA powers prove to be ineffective, the UAE management group will meet to agree an alternative course of action for example tolerance, provision of a permanent/transit pitch, injunction. If a UAE is tolerated for more than 28 days, it may become a matter for management under Planning protocols.

3.12 The agreement in paragraph 3.7 is subject to resource availability and funding. In the event that there is a resource shortage or insufficient funding at the Council, responsibility for the management of a UAE will revert to the landowner. The County Council will advise the UAE management group if this is the case.

3.14 Where a gypsy and traveller UAE occurs on other land, Buckinghamshire County Council will use its best endeavours to inform the landowner of the common law powers available to them.

3.16 Where the UAE management group identifies an encampment as one involving organised waste crime (Operation ANGOLA), the Council will report the UAE to the Environment Agency’s hotline (0800 80 70 60) with reference to aforementioned Operation.

3.17 It is agreed by the signatories that such encampments will be removed using police powers under S.61 of CJPOA.

3.18 Data, including registration numbers, identities of individuals and evidence from site inspections will be shared with the Environment Agency at [email protected].

3.19 Evidence of the impact of encampments will be collated and shared with the UAE Management Group to support legal action if this is deemed appropriate and proportionate in the future. Evidence will include:

• The cost of managing the encampment;
• The cost of site clearance; and
• Details of the adverse impact caused to local residents, businesses and communities for example complaints/effects; such as ROW closure.

3.21 Where CJPOA powers do not apply, the signatories agree that the UAE shall be managed under Planning legislation.

3.22 Where CJPOA powers do apply, and the UAE is not inhabited by members of the gypsy and traveller community, management responsibility will fall to the landowner.

3.24 The Council is responsible for clearing sites of waste on Council owned land once the UAE has departed.