Travellers – frequently asked questions
This page hopes to answer some of the commonest questions raised by the settled community about the rights and responsibilities of travellers and local authorities.
What is the difference between a genuine Gypsy and someone who just lives on roadside?
The Race Relations Amendment Act recognises Irish Travellers and English/Romany Gypsies as a distinct ethnic group. They use modern caravans and vehicles. Some Gypsies and Travellers are highly mobile and only stay in the county for a few weeks – other Gypsies and Travellers have been resident in the county all their lives and come from families who have lived here for many generations. Other Gypsies and Travellers are resident in housing.
Are Travellers breaking the law just by stopping on public/private owned land? Can they be evicted immediately?
Unauthorised camping is not a criminal offence. Trespass is a civil offence, giving landowners and local authorities the right to repossess their property using the due process of law.
There are powers to evict unauthorised encampments immediately using police powers as long as there is alternative accommodation available.
The provision of any alternative accommodation facility makes any eviction process much more straightforward.
The County Council is working with the district and borough councils to establish the provision of accommodation that will address local seasonal need and local travelling patterns, within the terms of central government legislation, policy and guidelines.
What’s the difference between me camping in a public park and a Traveller doing the same thing? Is there one law for us and another for them?
There aren't two laws, we are all treated the same. However, there are differences between the two cases. The majority of us have ordinary houses to go back to but Travellers' vehicles are their only homes. Legal action has to be proportionate, within the terms of guidance and legislation. The eviction of any unauthorised Traveller encampment has to be carefully considered. It is far easier to move on an unauthorised encampment using immediate police powers, if there is available alternative accommodation locally.
What is the procedure and timetable for eviction?
Each unauthorised encampment must be considered on its own merits. Information is always available from the Traveller Liaison Officer or the relevant district or Borough Council.
Can you stop illegal encampments being set up in first place? Do you work together with the police and other local authorities to find out when Travellers are about to arrive?
We do work together on this and we do pass information on when we have it. Large-scale encampments need special treatment due to their size but most of our encampments are 10 vehicles or fewer. Travellers have to be able to stop somewhere and it is no good the police chasing them from pillar to post – sooner or later they will have to park up. Unless local authorities can provide suitable stopping places, Travellers will continue to find their own, often in less than desirable places.
Can the authorities just ban Travellers, or make them live like the rest of us?
Travelling is part of Gypsy culture. Gypsy Travellers have been around and mobile for hundreds of years in East Sussex and there is no reason to suppose that they are going to disappear in the near future. Even if the law permitted a zero tolerance approach it wouldn't work if everyone operated it because you would just be shunting Travellers back and forth across borders.
Is it easier for Travellers to stay in East Sussex compared with other counties?
No. We have regular contact with authorities all over England, especially the South East and our immediate neighbours. We all operate to the same Government guidelines and legislation. In fact, East Sussex has a relatively modest Traveller accommodation requirement, compared to some of our neighbouring Authorities.
Why don’t Travellers pay rates and taxes?
This is a common misconception. It is true that Travellers do not pay rent or council tax on unauthorised camping sites, as they are not legally allowed to reside there, and this is why they should be on authorised sites where we are able to apply charges/taxes. Travellers on our authorised sites pay all the usual charges, as do any Travellers resident within settled accommodation.
Could councils ask the Government to change the law to make it easier to move Travellers on?
The Government has given the Police very strong powers to move Travellers quickly but only where local authorities have identified alternative sites to which Travellers can be directed.
In East Sussex, we are in the process of identifying alternative locations so that we can make best use of the new powers and also so that we can give clear guidance to Travellers on where they can and cannot stay.
Following central government guidelines and the terms of our statutory duties, we recognise that Travellers have special accommodation needs and requirements. However uncomfortable the fit with modern living, travelling as a way of life could not be prohibited, even if a government was minded to attempt it. There is a long history, going back hundreds of years, of Travellers residing in, and resorting (travelling through) East Sussex. This is why provision of legal sites is so important.
