Eviction of Trespassers on the Highway
1. Introduction
1.1 There have been many instances in Hampshire where non bona fide Romanies have trespassed on the publicly maintainable highway or illegally entered onto land or facilities owned by the County Council in its capacity as Highway Authority. This has resulted in calls for their removal/eviction by affected Council Tax Payers either directly or through their elected representatives.
In one particular instance the County Council was taken to Judicial Review by a trespasser – who lost his appeal, but the policy as outlined below has evolved in conjunction with the relevant central government legislation.
2. Relevant Legislation
2.1 All Local Authorities’ actions in regard to trespass on the public highway are governed by Department of the Environment Circular 18/94. This states inter alia that before an application can be made to a Court for an eviction order the Local Authority must satisfy themselves as to the condition and welfare of the trespassers present particularly if women and children are found to be amongst them. In the directly controlled area of the County of Hampshire, this function is carried out by the Gypsy Liaison Officer.
3. Policy
3.1 That the County Council shall secure and safeguard the highway as reasonable to prevent any foreseeable trespass and illegal occupation.
3.2 In the event of a reported trespass and illegal occupation the Chief Executive shall be consulted
Version No: 1.0
Effective: From - 21/04/2004
If copied or printed, this document should be treated as uncontrolled and correct only at the date it was copied or printed.