Managing Unauthorised Encampments of Gypsy/Travellers Policy

MECOPP works extensively with the Gypsy/Traveller community across Scotland. Our work has shown that members of the Community Experience significant issues in regards to discrimination, a lack of adequate culturally appropriate accommodation and a poor communication with the community by public bodies.
In regards to the contents of the Angus Council policy on managing unauthorised encampments, we have noted the following:
We support 4.3, 4.4. and 4.5 of the policy and would note the importance of positive engagement with members of the community. It is important that Council staff approach this in a manner that is culturally sensitive and avoids taking negative stereotypes. Angus Council may wish to consider staff training on cultural competency.
Regarding the Code of Conduct, we would query the requirement to ‘keep groups small’. This is extremely subjective and many members of the community live within extended family groups. We are concerned that this might be utilised to unfairly penalise the community and would suggest providing a more definitive figure in the Policy.
We are also concerned with 4.8 B and C Code of Conduct. ‘Unacceptable harm’ could also be viewed in a very subjective manner and we would argue that there should a reasonable threshold in this regard. We maintain concerns that unreasonable complaints about encampments causing environmental and economic harm which are unfounded being utilised to institute legal proceedings. Similarly for 4.8 C for public use and enjoyment of land, this could potentially include any location and we believe reasonable thresholds should be put in place. There could perhaps be a list of land compiled that would meet the above criteria as part of this policy. Alternatively, improved definitions of what constitutes ‘unacceptable harm’, ‘environmental harm’ or ‘economic harm’ should be provided. This could then be communicated with the community.
In regards to Section 6 on Consultation and Communication, MECOPP would suggest that meaningful attempts to consult with the Gypsy/Traveller community on this policy before being enacted. We did receive a request from the Council regarding this but felt that it did not provide realistic timeframes to organise or provide the necessary resources. This should be undertaken with a more collaborative approach.
We welcome the provision of the leaflet shown on Appendix 3.
We do feel that the Policy does miss the point in terms of some of the barriers and challenges faced by the Gypsy/Traveller community in Scotland. Members of the community face significant issues with capacity of culturally appropriate accommodation in general. The number of pitches across Scotland has reduced by 14% between 2009 and 2019. MECOPP has argued that work should take place to increase the capacity of culturally appropriate accommodation through increased local authority provision and supporting members of the Gypsy/Traveller community through the Planning Process. Consideration should be given for both sites that provide permanent and temporary provision. Further details can be found on the following briefing paper produced by MECOPP: https://static1.squarespace.com/static/62f4f5fa696d570e19a69429/t/6790c934b2d25f3f90a5d7cb/1737541940844/MECOPP_GT_Briefing_sheet_03.pdf
Another option that we would urge Angus to consider is ‘negotiated stopping’ which has been piloted. This would make a significant improvement both in outcomes for the Gypsy/Traveller community as well as reducing any friction with the settled community in the area. More details can be found at https://www.cosla.gov.uk/news/2020/september-2020/councils-to-provide-improved-services-to-gypsytravellers-living-roadside

The policy rightly states ".... improving the lives of Scotland’s Gypsy/Traveller communities is a significant human rights commitment and tackling the deep-rooted inequalities will help us deliver the fairer Angus, and Scotland, we want."


It then defines, "Unauthorised encampment are places where a person camps (in vans, trailers or any other moveable accommodation) on land that they do not own, and where they do not have permission to reside."


This then places Angus Council in conflict with its own practice in allowing motorhomes at Inchcape Park. There, the land is not owned by the motor home owners and they do not have permission to be there outwith the small section designated for campervans. 


That's not to say motorhomes should not be allowed at Inchcape Park. You cannot have a set of rules governing the Gypsy Traveller community and a practice that turns a blind eye to others. 


Angus Council needs to resolve the issue of the overspill of the site that they operate at Inchcape Park in tandem with their Gypsy Traveller policy. 


The Equalities Act 2010 Sect 149 places a statutory duty on Angus Council to eliminate discrimination, harassment, victimisation or any other conduct that is prohibited by the Act. 


The Equalities Act 2010 (Specific Duties) (Scotland) Regs 2012, Reg 5 details how Angus Council must assess both POLICY or PRACTICE so that it meets its statutory duty under the Act. 


The practice of allowing persons to stay at Inchcape Park, separate from the proposed policy for the Gypsy Traveller community needs to be assessed as there appears to be an unfairness and possible breach of the Equalities Act in terms of discrimination. 

The document is lengthy yet comprehensive.
Is there a response times to respond to any concerns?
The welfare visit checklist seeks to gather a lot of information. Is there a need for all of the information and what will be done with it?
The link on the supporting paperwork section does not work.
If the families do not adhere to the code of conduct, how quickly will Angus council take action to move them and will they stay in Angus Council area?

I understand that your hands are tied by Scottish Govt legislation. I can see that the Council are trying to do what they can.

It is unfortunate that you cannot assist local businesses/land owners with clean ups or assistance towards legal costs.

There needs to be a distinction made between law abiding travellers and people portraying themselves as travellers who constantly disregard the law. This has been evidenced at Edzell especially last year when vehicles with false number plates delivered a caravan to the Muir and had to physically break down barriers to gain access. The Police couldn't do anything because the plates were false. This is a blatant disregard of the law then someone occupies the caravan and are untouchable. Open camp fires are literally despite the Fire Service advising against it yet they are untouchable. Human excrement is deposited in the woods despite a chemical toilet being supplied. Against not on blatant disregard for the law its also showing no respect for anybody else. Those people are not true travellers and a distinction must be made.

I don’t mind traveling people but it angers me when the council treats them differently to the wider none travel community , and they can’t say they don’t because they do especially with these sites they set up in with no prior permission and get away with it , if it were none travels we would have been made to move away and stop any work being done , I’m meaning the st Cyrus one especially , that one angered a lot of Aberdeenshire and Montrose people . Treat us all the same you seem to be scared of them .

Travellers should be subject to the same conditions and obey the same rules as the rest of us in the Caravanning , Motorhomeing and campervan community. Why should they get special consideration when many tourist would spend more money locally.

I, along with many others, have no issues with the Traveller community—so long as the law is upheld by every individual and the Traveller Code of Conduct is adhered to. Every community, including the Traveller community, should be held to the same legal and civic standards as everyone else.

The concern I do have is that many of the sites where Travellers have set up often appear to disregard these rules and the agreed-upon Code of Conduct.

According to Angus Council’s own guidelines, Travellers are expected to:

Keep groups small
Respect the land they park on and nearby residents
Keep animals under control, including minimising noise from barking dogs
Dispose of litter and rubbish responsibly, using council-provided black bags
Dispose of animal and human waste hygienically
Avoid fly-tipping and ensure all waste is disposed of at licensed sites
Follow the Highway Code for safety
Avoid starting fires or burning rubbish on-site
Keep noise from generators to a minimum to prevent nuisance

However, in my personal experience, many of these rules seem to be broken at most sites I have seen. Local residents frequently raise complaints with the council and express their frustrations on social media, yet these issues often go unaddressed. By the time Travellers leave a site, it is frequently left in a poor state.

I want to stress that this is not about unfairly targeting any group—it is about fairness for everyone. If these rules and laws are not upheld and enforced, it creates an unfair situation for the wider community. Everyone should be free to live as they choose, provided that the rules in place are followed. Angus Council must ensure that these regulations are properly enforced so that our country remains clean, fair, and respectful to all.