FOI release

Unauthorised encampments - Under section 77 of the Criminal Justice and Public Order Act 1994

Case reference FOI2023/00975

Published 15 June 2023

Request

For the avoidance of doubt 'the Authority' means the local authority to whom this request is addressed.

Where the information requested is for numbers of claims, orders, notices and etc. this should include claims and etc. against both named defendants and persons unknown/all occupants.

Where a single claim or etc. is against multiple defendants it should be counted as one.

Please provide:

1. The number of directions to leave under section 77 of the Criminal Justice and Public Order Act 1994 given by the Authority to persons residing on land belonging to the Authority

a) between 1 January 2018 and 31 December 2018,

b) between 1 January 2019 and 31 December 2019,

c) between 1 January 2020 and 31 December 2020,

d) between 1 January 2021 and 31 December 2021,

e) between 1 January 2022 and 31 December 2022,

f) between 1 January 2023 and 31 May 2023.

2. The number of directions to leave under section 77 of the Criminal Justice and Public Order Act 1994 given by the Authority to persons residing on land not belonging to the Authority

a) between 1 January 2018 and 31 December 2018,

b) between 1 January 2019 and 31 December 2019,

c) between 1 January 2020 and 31 December 2020,

d) between 1 January 2021 and 31 December 2021,

e) between 1 January 2022 and 31 December 2022,

f) between 1 January 2023 and 31 May 2023.

3. The number of complaints made by the Authority to any magistrates' court seeking orders under section 78 of the Criminal Justice and Public Order Act 1994 regarding persons residing on land belonging to the Authority

a) between 1 January 2018 and 31 December 2018,

b) between 1 January 2019 and 31 December 2019,

c) between 1 January 2020 and 31 December 2020,

d) between 1 January 2021 and 31 December 2021,

e) between 1 January 2022 and 31 December 2022,

f) between 1 January 2023 and 31 May 2023.

4. The number of complaints made by the Authority to any magistrates' court seeking orders under section 78 of the Criminal Justice and Public Order Act 1994 regarding persons residing on land not belonging to the Authority a) between 1 January 2018 and 31 December 2018,

b) between 1 January 2019 and 31 December 2019,

c) between 1 January 2020 and 31 December 2020,

d) between 1 January 2021 and 31 December 2021,

e) between 1 January 2022 and 31 December 2022,

f) between 1 January 2023 and 31 May 2023.

5. The number of orders under section 78 of the Criminal Justice and Public Order Act 1994 made by any magistrates' court on complaint of the Authority regarding persons residing on land belonging to the Authority

a) between 1 January 2018 and 31 December 2018,

b) between 1 January 2019 and 31 December 2019,

c) between 1 January 2020 and 31 December 2020,

d) between 1 January 2021 and 31 December 2021,

e) between 1 January 2022 and 31 December 2022,

f) between 1 January 2023 and 31 May 2023.

6. The number of orders under section 78 of the Criminal Justice and Public Order Act 1994 made by any magistrates' court on complaint of the Authority regarding persons residing on land not belonging to the Authority

a) between 1 January 2018 and 31 December 2018,

b) between 1 January 2019 and 31 December 2019,

c) between 1 January 2020 and 31 December 2020,

d) between 1 January 2021 and 31 December 2021,

e) between 1 January 2022 and 31 December 2022,

f) between 1 January 2023 and 31 May 2023.

7. The number of claims for possession brought by the Authority against occupants of unauthorised encampments on land owned by the Authority issued by the County Court or High Court

a) between 1 January 2018 and 31 December 2018,

b) between 1 January 2019 and 31 December 2019,

c) between 1 January 2020 and 31 December 2020,

d) between 1 January 2021 and 31 December 2021,

e) between 1 January 2022 and 31 December 2022,

f) between 1 January 2023 and 31 May 2023.

8. The number of interim orders for possession granted by County Court or High Court in favour of the Authority against occupants of unauthorised encampments on land owned by the Authority

a) between 1 January 2018 and 31 December 2018,

b) between 1 January 2019 and 31 December 2019,

c) between 1 January 2020 and 31 December 2020,

d) between 1 January 2021 and 31 December 2021,

e) between 1 January 2022 and 31 December 2022,

f) between 1 January 2023 and 31 May 2023.

9. The number of final orders for possession granted by County Court or High Court in favour of the Authority against occupants of unauthorised encampments on land owned by the Authority

a) between 1 January 2018 and 31 December 2018,

b) between 1 January 2019 and 31 December 2019,

c) between 1 January 2020 and 31 December 2020,

d) between 1 January 2021 and 31 December 2021,

e) between 1 January 2022 and 31 December 2022,

f) between 1 January 2023 and 31 May 2023.

10. The number of occasions on which the Authority used (or purported to use) common law rights to recover possession of land from occupants of unauthorised encampments

a) between 1 January 2018 and 31 December 2018,

b) between 1 January 2019 and 31 December 2019,

c) between 1 January 2020 and 31 December 2020,

d) between 1 January 2021 and 31 December 2021,

e) between 1 January 2022 and 31 December 2022,

f) between 1 January 2023 and 31 May 2023.

11. Copies of any policy or guidance adopted by the Authority regarding the management of unauthorised encampments in use

a) between 1 January 2018 and 31 December 2018,

b) between 1 January 2019 and 31 December 2019,

c) between 1 January 2020 and 31 December 2020,

d) between 1 January 2021 and 31 December 2021,

e) between 1 January 2022 and 31 December 2022,

f) between 1 January 2023 and 31 May 2023.

Response

For the avoidance of doubt 'the Authority' means the local authority to whom this request is addressed.

Where the information requested is for numbers of claims, orders, notices and etc. this should include claims and etc. against both named defendants and persons unknown/all occupants.

Where a single claim or etc. is against multiple defendants it should be counted as one.

Please provide:

1. The number of directions to leave under section 77 of the Criminal Justice and Public Order Act 1994 given by the Authority to persons residing on land belonging to the Authority

a) between 1 January 2018 and 31 December 2018 = 8

b) between 1 January 2019 and 31 December 2019 = 9

c) between 1 January 2020 and 31 December 2020 = 7

d) between 1 January 2021 and 31 December 2021 = 7

e) between 1 January 2022 and 31 December 2022 = 7

f) between 1 January 2023 and 31 May 2023 = 3

2. The number of directions to leave under section 77 of the Criminal Justice and Public Order Act 1994 given by the Authority to persons residing on land not belonging to the Authority

a) between 1 January 2018 and 31 December 2018

b) between 1 January 2019 and 31 December 2019

c) between 1 January 2020 and 31 December 2020

d) between 1 January 2021 and 31 December 2021

e) between 1 January 2022 and 31 December 2022

f) between 1 January 2023 and 31 May 2023

None.

3. The number of complaints made by the Authority to any magistrates' court seeking orders under section 78 of the Criminal Justice and Public Order Act 1994 regarding persons residing on land belonging to the Authority

a) between 1 January 2018 and 31 December 2018 = 0

b) between 1 January 2019 and 31 December 2019 = 1

c) between 1 January 2020 and 31 December 2020 = 1

d) between 1 January 2021 and 31 December 2022 = 1

e) between 1 January 2022 and 31 December 2022 = 0

f) between 1 January 2023 and 31 May 2023 = 1

4. The number of complaints made by the Authority to any magistrates' court seeking orders under section 78 of the Criminal Justice and Public Order Act 1994 regarding persons residing on land not belonging to the Authority

a) between 1 January 2018 and 31 December 2018

b) between 1 January 2019 and 31 December 2019

c) between 1 January 2020 and 31 December 2020

d) between 1 January 2021 and 31 December 2021

e) between 1 January 2022 and 31 December 2022

f) between 1 January 2023 and 31 May 2023

None.

5. The number of orders under section 78 of the Criminal Justice and Public Order Act 1994 made by any magistrates' court on complaint of the Authority regarding persons residing on land belonging to the Authority

a) between 1 January 2018 and 31 December 2018 = 0

b) between 1 January 2019 and 31 December 2019 = 1

c) between 1 January 2020 and 31 December 2020 = 1

d) between 1 January 2021 and 31 December 2021 = 1

e) between 1 January 2022 and 31 December 2022 = 0

f) between 1 January 2023 and 31 May 2023 = 1

6. The number of orders under section 78 of the Criminal Justice and Public Order Act 1994 made by any magistrates' court on complaint of the Authority regarding persons residing on land not belonging to the Authority

a) between 1 January 2018 and 31 December 2018

b) between 1 January 2019 and 31 December 2019

c) between 1 January 2020 and 31 December 2020

d) between 1 January 2021 and 31 December 2021

e) between 1 January 2022 and 31 December 2022

f) between 1 January 2023 and 31 May 2023

None.

7. The number of claims for possession brought by the Authority against occupants of unauthorised encampments on land owned by the Authority issued by the County Court or High Court

a) between 1 January 2018 and 31 December 2018

b) between 1 January 2019 and 31 December 2019

c) between 1 January 2020 and 31 December 2020

d) between 1 January 2021 and 31 December 2021

e) between 1 January 2022 and 31 December 2022

f) between 1 January 2023 and 31 May 2023

None.

8. The number of interim orders for possession granted by County Court or High Court in favour of the Authority against occupants of unauthorised encampments on land owned by the Authority

a) between 1 January 2018 and 31 December 2018

b) between 1 January 2019 and 31 December 2019

c) between 1 January 2020 and 31 December 2020

d) between 1 January 2021 and 31 December 2021

e) between 1 January 2022 and 31 December 2022

f) between 1 January 2023 and 31 May 2023

None.

9. The number of final orders for possession granted by County Court or High Court in favour of the Authority against occupants of unauthorised encampments on land owned by the Authority

a) between 1 January 2018 and 31 December 2018

b) between 1 January 2019 and 31 December 2019

c) between 1 January 2020 and 31 December 2020

d) between 1 January 2021 and 31 December 2021

e) between 1 January 2022 and 31 December 2022

f) between 1 January 2023 and 31 May 2023

None.

10. The number of occasions on which the Authority used (or purported to use) common law rights to recover possession of land from occupants of unauthorised encampments

a) between 1 January 2018 and 31 December 2018

b) between 1 January 2019 and 31 December 2019

c) between 1 January 2020 and 31 December 2020

d) between 1 January 2021 and 31 December 2021

e) between 1 January 2022 and 31 December 2022

f) between 1 January 2023 and 31 May 2023

None.

11. Copies of any policy or guidance adopted by the Authority regarding the management of unauthorised encampments in use

a) between 1 January 2018 and 31 December 2018

b) between 1 January 2019 and 31 December 2019

c) between 1 January 2020 and 31 December 2020

d) between 1 January 2021 and 31 December 2021

e) between 1 January 2022 and 31 December 2022

f) between 1 January 2023 and 31 May 2023

Please see the attached document, this relates to the years 2018 - 2022.

The document for the current year is available on the Herefordshire Council website and can be viewed using the following link- https://www.herefordshire.gov.uk/community-1/gypsy-roma-traveller-grt-families

Documents

• Enforcement Policy Nov 2017 V12.pdf (95.5 KB)

This is Herefordshire Council's response to a freedom of information (FOI) or environmental information regulations (EIR) request.

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