Not always. While local councils have a duty to manage unauthorised encampments, they’re not required to remove them immediately. Before taking action, councils must assess the situation, follow legal procedures, and balance the rights of both the landowner (the council) and the occupants.
Council Responsibilities –
🏛️ Councils must assess the encampment under guidance from the Criminal Justice and Public Order Act 1994 (CJPOA)
📋 They’ll consider:
• The impact on the local community
• Health and welfare needs of the occupants
• Whether there has been damage, obstruction, or antisocial behaviour
⚖️ If removal is justified, they can issue a Direction to Leave or apply to the courts for a possession order
When Councils May Delay Action –
⏳ If there are young children, pregnant women, or ill individuals present
🛠️ When alternative authorised sites need to be arranged
🚔 If police involvement is already underway
When Immediate Action Is Possible –
🚫 If the encampment poses a safety risk, blocks essential access, or involves criminal damage or intimidation
🚓 Police may be asked to assist under Sections 61–62 CJPOA
Prevention for the Future –
🔒 Councils often install height barriers, gates, and bollards to prevent re-entry
📹 Regular site monitoring helps detect unauthorised access early
At Aremco Barriers, we supply UK-manufactured steel barriers and bollards to councils nationwide — helping prevent unauthorised encampments and maintain public safety across car parks, parks, and open spaces.