My Eastleigh will be unavailable on 13 - 14 May 2024
During this period, most online forms, including payments, will be unavailable.
For urgent help during this time, contact our Customer Services team.
During this period, most online forms, including payments, will be unavailable.
For urgent help during this time, contact our Customer Services team.
If the land is Council owned we may be able to apply for a Possession Order. We will need to show consideration for the housing, health, welfare and education needs of the occupants of the encampment. This usually requires an assessment visit to the encampment before any legal action can be taken.
You should call our Customer Service Centre on 023 8068 8000 or complete our enquiry form
The Police will review all reports of unauthorised encampments and, if offences under the Criminal Justice and Public Order Act are identified, can work in partnership with the Council or landowner to resolve the situation by use of Police powers or supporting the landowner while they initiate legal repossession action of the land concerned. For more information, contact Hampshire & Isle of Wight Constabulary on 101 or online.
The law requires us to:
The above information is required to be successful in the application for a court order for the removal of an unauthorised encampment to the magistrates court.
The timescale for an eviction order application to be heard at court depends on court availability, the nature of the land being occupied and the behaviour of the occupants of the encampment. On public open space where the occupants of the encampment are denying lawful use of the land, the process from start to eviction could be five to seven days. On other sites where occupants of the encampment are not causing significant detriment to the local community the eviction process could take around two weeks.
Council Officers will carry out a site visit, and make initial enquiries of the occupants and establish how many people are on site and caravan/vehicle details and identify who the landowner is. If the unauthorised encampment is on council-owned land, we will instruct Hampshire County Council’s Gypsy Liaison Officer to carry out a welfare assessment of the occupants of the encampment before any decision is made in respect of issuing a Direction to request that they leave the land. If the occupants are on private land, enquiries will be made to establish land ownership and the landowner will be notified of the encampment.
If an unauthorised encampment is on council-owned land, we have the power to move the vehicles and caravans but are not required to do so. We can only evict the unauthorised encampment subject to complying with Human Rights legislation and other legal procedures.
If an unauthorised encampment is on private land including land owned by Parish or Town Councils, it is primarily the landowner’s responsibility to deal with the eviction.
We will not take steps to remove unauthorised encampments from private land, but in some circumstances might be able to offer the landowner practical advice and assistance. We will not give the landowner legal advice and/or recommend any particular course of legal action.
If the occupants of the encampment are under the threat of being homeless, then we have responsibilities under the Homelessness reduction Act 2017.
Equalities legislation recognises gypsies and travellers as a specific racial group. With regards to human rights, the issue that the Council must take into account is whether the interference with an individual's family life and home is justified and proportionate.