Advisory Council for the Education of Romany and other Travellers
Pat Barr, PO Box 526, Sevenoaks, Kent, TN13 9PF.Tel(Skype): 0203 286 2084.
E-mail: info@acert.org.uk
Website: www.acert.org.uk
ACERT works for: equal access to education, health and other community services for Gypsies and Travellers; safe and secure accommodation for Gypsies and Travellers; good community relations and so endeavours to end discrimination against Gypsies and Travellers on racial and other grounds.
Advisory Service for Squatters
Angel Alley, 84b Whitechapel High Street, London E1 7QX.Tel: 020 3216 0099 and 0845 644 5814.
Fax: 020 3216 0098.
E-mail: advice@squatter.org.uk
Website: www.squatter.org.uk
ASS covers the whole of England and Wales, giving advice to squatters, other homeless and vulnerably housed people, and those thinking of squatting, by phone, e-mail and in person. ASS produces the Squatters' Handbook and a number of leaflets on various aspects of squatting in a number of (mainly European) languages. ASS tries to respond to attacks on squatting and squatters in the media, courts and parliament.
Friends, Families and Travellers
Emma Nuttall, Advice and Policy Manager, Community Base, 113 Queens Road, Brighton BN1 3XG.Tel: 01273 234777.
Fax: 01273 234778.
E-mail: emma@gypsy-traveller.org
Website: www.gypsy-traveller.org
FFT is a national organisation working with all travelling groups, including Romany Gypsies, Irish Travellers and New Travellers. Our helpline for Gypsies and Travellers: 01273 234777 is open Monday to Friday (excl. Wednesday) from 9.30 am – 4.30 pm. The helpline can assist with any issue. We have locally-based outreach workers in Sussex, including a mental health caseworker and a youth worker. We carry out policy, lobbying and campaigning work on Gypsy and Traveller issues on a national basis.
Irish Traveller Movement in Britain
The Resource Centre, 356 Holloway Road, London N7 6PA.Tel: 020 7607 2002.
Fax: 020 7607 2005.
E-mail: info@irishtraveller.org.uk
Website: www.irishtraveller.org.uk
ITMB's organisational aims and objectives are: to create an evidence and resource base for positive change for the Traveller community; to promote the social inclusion of Travellers by campaigning on issues that contribute to their exclusion and to promote equality of access to statutory and voluntary services; to develop policy models for working with Travellers and educate statutory and other services who work with Travellers.
National Federation of Gypsy Liaison Groups (NFGLG address)
Unit 3, Molyneux Business Park, Whitworth Road, Darley Dale, Matlock, DE4 2HJ.Tel: 01629 732744.
E-mail: info@nationalgypsytravellerfederation.org
Website: www.nationalgypsytravellerfederation.org
NFGLG aims to promote social inclusion for the public benefit by working with Gypsy & Traveller groups who are socially excluded and to relieve the needs of such people and assist them in integrating into society. This is achieved by: providing a network group; increasing or co-ordinating opportunities for the Gypsy and Traveller community to engage with service providers; and, educating the public to help them better understand the Gypsy and Traveller community.
National Traveller Action Group
3a Hope End, St. Johns Fen End, Kings Lynn, Norfolk, PE14 8JD.Tel: 01945 430995. Mob: 07890 596718.
E-mail: codona9@aol.com
Travellers Aid Trust
Susan Alexander, PO Box 16, Kidwelly, SA17 5YTTel/Fax: 01554 891 876
E-mail: info@travellersaidtrust.org.
Website: www.travellersaidtrust.org
The Travellers Aid Trust is an independent grant maker and registered charity formed to relieve poverty and advance education among people who adopt (temporarily or permanently) a nomadic style of life.
Traveller Law Reform Project
6 Westgate Street, London, E8 3RN.Tel: 07956 450916.
Fax: 020 8533 7110.
E-mail: info@travellerslaw.org.uk.
Website: www.travellerslaw.org.uk
TLRP aims to bring about positive changes in the law in relation to the rights and needs of all the Gypsy and Traveller communities.
Travellers' School Charity
PO Box 2, Goodwick, Pembrokeshire, SA64 0ZQ.Tel: 01239 810759
UK Association of Gypsy Women
Rachel Francis-Ingham, Inclusion Office, Suite 03, The Imperial Business Centre, Grange Road, Darlington, DL1 5NQ.Tel: 01325 788281. Mob: 07748 670200.
Fax: 01325 788281.
E-mail: ukagw@ymail.com and rfukagw@live.co.uk
UKAGW provides an advice, advocacy and guidance service to women from the community which it serves.
LOCAL ORGANISATIONS
Bromley Gypsy Traveller Project
230 Sandway Road, St. Mary Cray, Orpington, Kent, BR5 3TF.Tel: 01689 839052.
Emergency no: 07903 474124.
Fax: 01629 820645.
E-mail: travs@tiscali.co.uk
Cambridgeshire Travellers' Advocacy Service
7e High Street, Fenstanton, Cambridgeshire, PE28 9LQ.Tel: 01480 496577.
Fax: 01480 496566.
Website: www.ormistin.org/community/opus24.html
Canterbury Gypsy and Traveller Support Group
Moate Farm, Stodmarsh Road, Canterbury, Kent, CT3 4AP.Tel: 07765 174141.
Emergency no: 0845 644 8879.
Cardiff Gypsy and Traveller Project
Claire Dickson, Office Manager. 114 Clifton Street, Roath, Cardiff, CF24 1LW.Tel: 02920 214411/255205/495575.
Fax: 02920 214411.
E-mail: admincgtp@btconnect.com
CGTPP meets its aims by the provision of an extensive information, advice and liaison service to the Gypsy and Traveller communities in Cardiff, to the Local Authority and all relevant agencies and professionals. The basis of this service is drop-in advice sessions for Gypsies and Travellers, but advice and support at home is also provided for the elderly, people with health issues and carers. Main areas of work include: liaison on issues of development; management and maintenance of sites; homelessness; welfare benefits; reviews and appeals; education; health; social and housing services; racial discrimination. A Gypsy and Traveller Service Providers' Network is run by CGTP for all people in Cardiff working with Gypsies and Travellers and meets quarterly.
Children's Society Traveller Children's Project
Unit 5, Westway Garage, Marksbury, Bath, BA2 9HN.Tel: 01761 479368. Mob: 07774 838309.
Fax: 01761 479820.
E-mail: dxh@childrenssociety.org.uk
Derbyshire Gypsy Liaison Group
Unit 3, Molyneux Business Park, Whitworth Road, Darley Dale, DE4 2HJ.Tel/Fax: 01629 732744.
East Anglian Gypsy Council
Plot 3, Oxney Road Caravan Site, Peterborough, PE1 5NX.Tel/Fax: 01733 347112.
E-mail: P.Mercer@hotmail.co.uk
Herefordshire Travellers Support Group
Trefoil, Brinsop Common, Hereford, HR4 7AS.Tel: 01432 760350.
E-mail: paebkam@aol.com
Leeds Gypsy and Traveller Exchange
Ground Floor, Crown Point House, 169 Cross Green Lane, Leeds LS9 0BD.Tel: 0113 240 2444. Mob: 07974 574889.
E-mail: info@leedsgate.co.uk
Leeds Justice for Travellers
9, Mowbray Court, Seacroft, Leeds, LS14 6UN.Tel: 0113 264 8658
Leicester Gypsy Council Liaison Group
Rosevale House, Hinkley Road, Sapcote, LE9 2LH.E-mail: LGCLGROUP@aol.com
Lincolnshire Gypsy Liaison Group
Mercury House, Foxby Lane, Gainsborough, Lincolnshire, DN21 1DY.Tel: 01427 619521.
London Gypsy and Traveller Unit
6 Westgate Street, Hackney, London, E8 3RN.Tel: 020 8533 2002.
Fax: 020 8533 7110.
E-mail: info@lgtu.org.uk
Website: www.lgtu.org.uk
LGTU supports Travellers and Gypsies living in London through: accommodation and advocacy advice; community development; a youth programme; campaigning for new sites in London; media; INSET training; research; strategy work and policy development; advice and information to agencies, professionals, community groups, the media and students; and, services on a commissioned basis.
New Traveller Association
Simon Ruston. E-mail newtravellerassociation@gmail.comOne Voice for Travellers Limited
PO Box 9635, Sudbury, Suffolk, CO10 8WW.Tel: 07790 801422 and 07790 803176.
E-mail: info@onevoice4travellers.org.uk
Ormiston Norfolk Travellers Initiative
Breckland Business Centre, St. Withburga Road, Dereham, Norfolk, NR19 1ED.Tel: 01362 854264. Mob: 07825 688403.
Website: www.ormiston.org
South West Alliance of Nomads
Rev. Roger Redding, The Vicarage, May Lane, Ebbesbourne Wake, Salisbury, Wiltshire, SP5 5JL.Tel: 01935 825057.
E-mail: welcome@gypsytravellerhelp.org
Website: www.gypsytravellerhelp.org
SWAN aims to make links and create better relationships and understanding among the settled and travelling communities in the South-West.
Southwark Traveller Action Group
The Peckham Settlement, Goldsmith Road, Peckham, London, SE15 5TF.Tel: 020 7639 1823.
Fax: 020 7635 9830.
E-mail: stag@peckhamsettlement.org.uk
Website: www.peckhamsettlement.org.uk
The Peckham Settlement mission is: "To help those living in the vicinity of the Settlement, both as a community and as individuals, to develop their own potential, enrich their own lives, and solve their own problems. We do this by providing practical supportive services, advice, consultancy, leadership and a channel of communication to agencies and authorities in the area. We are committed to working with people from all backgrounds and are particularly focused on ensuring that so-called hard-to-reach groups can access all the opportunities we offer and services we provide."
Travellers Space
1 Champions Yard, Causewayhead, Penzance, Cornwall, TR18 2TA.Tel: 01736 366940.
E-mail: travellerspace@yahoo.co.uk
Website: www.travellerspace-cornwall.org
The charity's objects are: (i) to promote health, to advance education, and to relieve the needs of the Gypsy and Traveller communities, primarily in the South-West of England, in particular, but not exclusively, by providing information, advocacy, advice and support to Gypsies and Travellers; and, ii) the promotion of equality of treatment and diversity, particularly in relation to Gypsies and Travellers, for the public benefit, by informing and educating the public about the traveller way of life and the needs of Gypsies and Travellers, and by promoting activities which foster good relations between Gypsies and Travellers and the communities in which we live.
York Travellers Trust
20 Falsgrave, Clifton, York, YO30 7AZ,Tel: 01904 630526.
Fax: 01904 675444.
E-mail: travellerstrustyork@yahoo.co.uk
Website: www.yorktravellerstrust.org.uk
YTT aims to: provide support, guidance and enabling services, so that individuals can develop their independence to maximise their inclusion in society; work with the Gypsy and Traveller community in an advocacy and assistance capacity, offering specialist advice; encourage and empower Gypsies and Travellers to access community opportunities and services; provide education, raise awareness and promote understanding about the Gypsy and Traveller community.
This is the Advisory Service For Squatter Handbook Travellers Chapter2014
Can be downloaded a a file.
Gypsies and Travellers
ASS are not experts on the law relating to Gypsies and Travellers but
receive a large number of enquiries from Gypsies and Travellers.
Below is a basic summary of the law relating to Gypsies and
Travellers - for detailed advice and information either refer to
Legal Action Group Gypsy and Traveller Law edited by Chris
Johnson and Marc Willers (2007 edition but new edition under
production) or see contacts at page X.
Who is a Gypsy or Traveller?
In terms of the Equality Act 2010, Romani Gypsies, Irish Travellers
and Scottish Gypsy-Travellers (and almost certainly Welsh
Gypsy-Travellers, though there is no case about them as yet) are
ethnic groups. New Travellers are not an ethnic group but come
within certain of the definitions as mentioned below.
The definition of Gypsy and Traveller used for the purpose of Gypsy
and Traveller Accommodation Needs Assessments under the Housing Act
2004 is as follows:-
Gypsies and Travellers means -
(a) Persons with a cultural tradition of nomadism or of living in
a caravan; and
(b) All other persons of a nomadic life whatever their race or
origin, including-
(i) Such persons who, on grounds only of their own or their
family’s or dependant’s educational or health needs or old age,
have ceased to travel temporarily or permanently; and
(ii) Members of an organised group of travelling showpeople or
circus people (whether or not travelling together as such).
This definition has both an ethnic and a nomadic element.
However the definition for the purposes of planning law is as
follows:-
Persons of nomadic habit of life whatever their race or origin,
including such persons who on grounds only of their own or their
family’s or dependant’s educational or health needs or old age
have ceased to travel temporarily or permanently, but excluding
members of an organised group of travelling showpeople or circus
people travelling together as such.
It will be seen that this definition entirely relies on nomadism and
not ethnicity.
Provision of Sites
Under the Caravan Sites Act 1968 (CSA) local authorities had a duty
to facilitate the provision of caravan sites for Gypsies and
Travellers. This duty was taken away by the Criminal Justice and
Public Order Act (CJPOA) 1994. Most of the local authority rented
sites that currently exist were created when the duty existed. It
should be noted that the Welsh Government, in the Housing (Wales)
Bill, intend to re-introduce the duty to provide sites.
Unauthorised encampments
Who owns the land and what is the land?
When Gypsies and Travellers stop on land, it is vital to find out who
owns the land in order to work out what options there are and it is
also vital to assess the location. It will be virtually impossible
to argue that Gypsies and Travellers should remain for a reasonable
period on the town hall car park. However, if they are on a disused
piece of local authority land in the middle of nowhere, then there
are opportunities for arguing that they ought to be allowed to remain
where they are for a reasonable period.
Highway land
If a person, without lawful authority or excuse, obstructs the
highway they are guilty of an offence. It is also an offence to park
a vehicle in such a position, condition or circumstances as to cause
a danger to other road users. The highway authorities can require an
owner to remove a vehicle that is causing a nuisance and obtain a
removal order from the Magistrates Court if it is not removed. The
highway authorities can impound a vehicle without an order if the
vehicle constitutes a danger to users of the highway.
Common land
There is no right to camp or park up on common land (following on
from the Caravan Sites and Control of Development Act 1960).
Local authority land
A local authority can evict Gypsies or Travellers from their own land
using a County Court possession order or the CJPOA 1994.
Other public authority land
Other public authorities can use County Court possession proceedings
to evict Gypsies and Travellers from their land.
Private land
Private owners can use County Court possession proceedings or common
law powers of eviction.
Eviction powers under the CJPOA 1994
Local authority powers
Section 77 of the CJPOA 1994 states:-
(1) If it appears to a local authority that persons are
for the time being residing in a vehicle or vehicles within that
authority’s area -
(a) On any land forming part of a highway;
(b) On any other unoccupied land; or
(c) On any occupied land without the consent of the occupier
The authority may give a direction that those persons and any
others with them are to leave the land and remove the vehicle or
vehicles and any other property they have with them on the land.
The direction notice must be served on the Gypsies and Travellers by
either giving it to them personally or attaching it to a vehicle and
displaying it in a prominent place on the site. A removal direction
and subsequent order only applies to people on the land at the time
of the direction and not to anyone who arrives afterwards.
Gypsies and Travellers will commit a criminal offence if they do not
leave (with their vehicle) as soon as “practicable” after
receiving the direction. They will also commit an offence if they
return with a vehicle to the same land within 3 months and they can
be fined for this offence. If they cannot leave or have to return
within 3 months due to “illness, mechanical breakdown or other
immediate emergency” then they may have a defence.
This provision only relates to people who are living in vehicles. It
cannot be used against Gypsies and Travellers living in a tent or a
bender.
Police Powers of eviction
Section 61 of the CJPOA 1994 states:-
(1) If the senior police officer present at the scene reasonably
believes that two or more persons are trespassing on land and are
present there with the common purpose of residing there for any
period, that reasonable steps have been taken by or on behalf of the
occupier to ask them to leave and -
(a) That any of those persons has caused damage to the land or to
property on the land or used threatening, abusive or insulting words
or behaviour towards the occupier, a member of his family or an
employee or agent of his, or
(b) That those persons have between them 6 or more vehicles on the
land
He may direct those persons, or any of them, to leave the land and
to remove any vehicles or other property they have with them on the
land.
If the Gypsies or Travellers concerned do not comply with the section
61 direction and leave the land in question by the given deadline,
the police have powers of arrest and impoundment of vehicles.
Additionally, the Gypsies or Travellers served with the section 61
direction must not return to the land within 3 months.
It is arguable that if the land is owned by a local authority then
the “reasonable steps” that should have been taken by the
authority should involve complying with the Government Guidance on
managing unauthorised encampments and any other relevant local
policies - see further below.
It is also important to note that Section 61 does not apply to
highway land.
Section 62A of CJPOA 1994 states:-
(1) If the Senior Police Officer present at a scene reasonably
believes that the conditions in sub-section 2) are satisfied in
relation to a person and land, he may direct the person -
(a) To leave the land;
(b) To remove any vehicle and other property he has with him on
the land.
(2) The conditions are -
(a) That the person and one or more others (‘the trespassers’)
are trespassing on the land;
(b) That the trespassers have between them at least one vehicle on
the land;
(c) That the trespassers are present on the land with the common
purpose of residing there for any period;
(d) If it appears to the officer that the person has one or more
caravans in his possession or under his control on the land, that
there is a suitable pitch on a relevant caravan site for that caravan
or each of those caravans;
(e) That the occupier of the land or a person acting on his behalf
has asked the police to remove the trespassers from the land.
As is the case with Section 61, the failure to comply with a section
62A direction is an offence and the police have powers of arrest and
impoundment of vehicles. There is Government Guidance as to what is
meant by the term “a suitable pitch”
Section 62A does apply to highway land.
Common Law Powers of Eviction
There are common law powers of eviction which landowners can use to
remove trespassers from land. These powers involve the use of no
more force than is “reasonably necessary” and can be applied even
without a court order. It is obviously risky for a landowner to rely
on these powers because there is potential for the landowner or
his/her agent to go beyond the use of “reasonable force” and to
end up committing offences themselves. Nevertheless it is quite
common for private landowners to use their common law powers of
eviction.
Government Guidance indicates that local authorities should only use
eviction procedures which involve court action.
Gypsies or Travellers who are encamped on an unauthorised encampment
which is within the “curtilage” of a building may be able to rely
on Criminal Law Act 1977 Section 6. Section 6 makes it a summary
offence for a person without authority to use or threaten violence
for the purpose of securing entry to premises, in which, to his or
her knowledge, someone is present who is opposed to the entry.
However, it should be noted that, if entry can be gained without the
use of violence (for example, by simply climbing over a wall or a
fence), then the offence will not have been committed.
Section 6 will also apply to violent entry upon a caravan, mobile
home or houseboat.
County Court Possession Claims
A local authority, other public authority or a private landowner can
take possession action against an unauthorised encampment in the
County Court using the procedure laid down in the Civil Procedure
Rules (CPR) Part 55. The same defences as mentioned below can be
used by Gypsies and Travellers in these circumstances. In terms of
Gypsies and Travellers on land, an interim possession order cannot be
obtained and, additionally, at least 2 clear days’ notice of the
hearing must be given to the Gypsies or Travellers concerned.
Article 8 as a Defence
Article 8 of the European Convention on Human Rights (brought into
direct effect in domestic law by the Human Rights Act 1998) gives
everyone the right to respect for private and family life and home.
Recent Supreme Court Judgments have confirmed that Article 8 can be
used as a defence to a possession action brought by a local authority
against Gypsies and Travellers. Article 8 can also be used as a
defence to possession proceedings brought by private landowners
though the circumstances would have to be really exceptional for such
a defence to stand any chance of success.
Government Guidance, Local Policies and Public Law Challenges
A lot of Government Guidance on the management of unauthorised
encampments has been issued by the English and Welsh Governments
since the CJPOA was passed in 1994. It is essential reading for
anyone advising Gypsies and Travellers.
In England the relevant Guidance is contained in Department of the
Environment Circular 18/94 and Office of the Deputy Prime Minister
Guidance of 2004 and 2006.
In Wales the relevant Guidance is contained in Welsh Office Circular
76/94 (which is identical to Circular 18/94) and Welsh Government
Guidance issued in 2013.
All of this Guidance stresses that before deciding whether to evict
an encampment enquiries must be made into welfare considerations and
the results of those enquiries must be taken into account. Welfare
considerations include, of course, issues of health, education and
the best interests of any children living on the site.
Additionally, a local authority should consider whether there are
alternative locations for the Gypsies and Travellers concerned.
The police and other public authorities should also to take account
of welfare considerations.
There is separate Guidance issued in 2011 by the Association of Chief
Police Officers (ACPO) regarding police evictions and this stresses
that any notices should be given in writing and that the police
themselves should take account of welfare considerations. The ACPO
Guidance further stresses that the police should not use blanket
policies of eviction and that the police powers should only be used
in more serious cases especially those cases involving anti-social
behaviour or criminal activity.
Case law also indicates that humanitarian considerations and the
question of possible alternative locations and the toleration of
unauthorised sites should be taken into account.
Additionally most local authorities and police forces will have their
own written policies about how to deal with unauthorised encampments.
Sometimes there are joint protocols between local authorities and/or
police forces. It is important for advisers to have regard to these
protocols when advising Gypsies and Travellers.
If the police or a local authority or other public body fails to
comply with the Government Guidance, and/or with the principles laid
down in case law and/or with their own written policies or protocols
then a decision to evict may be challengeable by way of an
application for judicial review of the decision to evict. Any
judicial review application will need to be made very swiftly. Legal
Aid is potentially available for such an application.
Planning Law
In the face of continual eviction many Gypsies and Travellers buy a
piece of land and apply to the local authority for planning
permission to use it as a residential caravan site. Statistics have
shown that most applications made by Gypsies and Travellers are
refused by local authorities. However, the Gypsy or Traveller
concerned then has a right to appeal to a Planning Inspector where
they have somewhat better chances of success. A Planning Inspector’s
decision can be challenged both by the local authority and by the
Gypsy or Traveller in the High Court on a point of law.
There are various steps that local authorities can take against
Gypsies and Travellers who are living in caravans on land without
planning permission in order to enforce planning control, including:-
the issue of enforcement notices and stop notices requiring the use
to cease; applying to the courts for an injunction; and direct
(eviction) action.
If an enforcement notice is served on Gypsies or Travellers then it
is essential that they appeal against the notice within the relevant
deadline. If they fail to do so then the enforcement notice will take
effect and a subsequent failure to comply with the requirements of
the notice will be a criminal offence. In addition, the local
authority can refuse to accept a planning application that is
subsequently made.
Planning law is very complicated and expert advice should be sought
whenever it is possible to do so.
There are specific planning policy provisions for Gypsy and Traveller
sites in England and in Wales. In England the relevant policy is
contained within a document called Planning policy for traveller
sites. Importantly, it states that all local authorities should
have put in place a 5 year deliverable supply of sites by March 2013
though many have failed to do so.
In Wales, the planning policy is more sympathetic and is contained in
the Welsh Assembly Government Circular 30/2007.
Rented Sites and the Mobile Homes Act 1983
Following the European Court of Human Rights Judgment in Connors v
UK in 2005 and a very long consultation process (and much
pressure from Gypsy and Traveller support groups and lawyers
representing Gypsies and Travellers), the English and Welsh
Governments finally introduced the provisions of the Mobile Homes Act
1983 (with a few adjustments) to local authority sites (in 2011 in
England and in 2013 in Wales). As a consequence, Gypsies and
Travellers living on local authority rented sites now have proper
security of tenure and proper rights and obligations in place.
Whereas previously a Gypsy or Traveller on a local authority site
could be given a 28 day notice to quit and then evicted without any
reason being put forward, now eviction action can only be taken in
prescribed circumstances, that is: where there has either been a
breach of the agreement; or the Gypsy or Traveller concerned is not
using the pitch as his or her only or main residence; or where the
caravan or mobile home is having a detrimental effect on the amenity
of the site; and, in all circumstances, only where the court
considers it reasonable that a possession order is made.
It should be noted that Gypsies and Travellers living on private
rented sites have always had security of tenure under the Mobile
Homes Act 1983.
It is a criminal offence for anyone to be evicted from a site
protected by the Mobile Homes Act 1983 without a Court Order.
Homelessness
Gypsies and Travellers who do not have an authorised pitch are
considered to be homeless under the Housing Act 1996 Part VII and are
entitled to apply to their local authority for homeless persons’
accommodation. In the case of R (Price) v Carmarthenshire County
Council it was decided that where Gypsies and Travellers who
apply for homelessness accommodation have a cultural aversion to
conventional housing, the local authority has to do their best to see
if they could find a suitable pitch. That said, in more recent cases
the Court of Appeal have decided that the offer of bricks and mortar
to a homeless Gypsy or Traveller will only be unsuitable if there is
expert evidence from a psychiatrist to prove that a move into
conventional housing would cause the Gypsy or Traveller to suffer
harm.
Legal Aid
The Legal Aid, Sentencing and Punishment of Offenders Act (LASPOA)
2012 greatly reduced the scope of legal aid. However, legal aid is
now available for Gypsies and Travellers in the following
circumstances:-
- To defend a possession action take under the Mobile Homes Act 1983;
- To apply for judicial review of a decision to evict an unauthorised encampment or to serve a stop notice or to take direct action against an unauthorised development;
- In High Court planning appeals and planning injunction cases;
- In homelessness cases;
- In serious disrepair matters relating to rented sites.
In other circumstances, where it can be agreed that the fact that a
Gypsy or Traveller does not have representation for a matter may mean
that Article 6 of the European Convention on Human Rights (the right
to a fair hearing) is breached, exceptional funding under Section 10
of LASPOA 2013 can be sought.
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