No — local councils are not legally required to remove unauthorised encampments immediately. While they do have a duty to manage them, councils must first assess the situation, follow legal procedures, and balance the rights of both the landowner and the occupants.
Council Responsibilities
Under the Criminal Justice and Public Order Act 1994 (CJPOA), councils must:
- Assess each encampment on a case-by-case basis
- Consider factors such as:
- Impact on the local community
- Health, welfare, and vulnerability of occupants
- Any damage, obstruction, or antisocial behaviour
- Decide whether enforcement is appropriate
If action is justified, councils may:
- Issue a Direction to Leave, or
- Apply to the court for a possession order
Why Removal Isn’t Always Immediate
Delays can occur where:
- There are children, elderly, or vulnerable individuals on site
- Alternative authorised sites need to be arranged
- Legal processes or police involvement are already underway
When Immediate Action Is More Likely
Faster intervention may happen if the encampment:
- Poses a safety risk or blocks essential access
- Involves criminal damage, intimidation, or disorder
- Causes serious disruption to the public
In these cases, police powers under Sections 61–62 CJPOA may be used to direct occupants to leave.
Preventing Repeat Encampments
Once a site is cleared, prevention is key:
- Install height restriction barriers, gates, or bollards to block vehicle access
- Improve site monitoring and visibility
- Secure vulnerable entrances and boundaries
Key Takeaway
Councils must act lawfully and proportionately, which means removal isn’t always immediate. The most effective approach is combining enforcement with preventative measures to stop encampments from returning.
