Ellie Ames 30 November 2023

Councils can ban ‘newcomer’ travellers from land, court rules

Councils can ban ‘newcomer’ travellers from land, court rules image
Image: richardjohnson / Shutterstock.com

Local authorities can ban unidentified travellers from occupying land through injunctions against ‘newcomers’, the Supreme Court has ruled.

The ruling follows several cases of councils seeking injunctions to prevent unauthorised encampments by gypsies and travellers.

These injunctions often bound people who were not known or identifiable to the councils, but who might in future camp at a particular place. They were therefore described as ‘persons unknown’.

After reviewing such injunctions in May 2021, Mr Justice Nicklin ruled that courts could not issue final injunctions to prevent unknown travellers from occupying land.

However, the Court of Appeal ruled in 2022 that courts could grant ‘newcomer’ injunctions, a decision that was upheld by five Supreme Court judges yesterday.

The judges stressed that safeguards would be necessary, including for the council to demonstrate a ‘compelling need’, which it could not otherwise meet, to protect civil rights or enforce the law.

Judges added that measures should be taken to protect the rights of ‘newcomers’, including advertising the order to alert potentially affected travellers and limiting its duration and geographical scope to ensure it is proportional.

The head of policy and public affairs at the national charity Friends, Families and Travellers, Abbie Kirkby, said: 'We have been determined to challenge the discriminatory and disproportionate use of these injunctions, used to target gypsy and traveller families who have nowhere else to stop.

'We see this as a shot across the bows to local authorities – that their hostile approaches to Traveller communities will not go unchecked.'

If this article was of interest, check out our feature 'Tackling anti-GRT racism at the local level'

SIGN UP
For your free daily news bulletin
Highways jobs

Enhanced Senior Social Worker

Wakefield Council
Grade 10 - Grade 11, 37 hours, Permanent
We are seeking Social Workers to join our superb Locality Services. Wakefield, West Yorkshire
Recuriter: Wakefield Council

Streetworks Inspectors

Oxfordshire County Council
34434 - 37280
About Us Working within the Network Management Team, whose function it is to ensure that all Street working activity is appropriately managed within the boundaries of legislation and the County Council’s Permit Scheme and Lane Rental Scheme About the R Kidlington
Recuriter: Oxfordshire County Council

Maintenance Engineer

Wakefield Council
£28,598.00 - £31,537.00, Grade 6, 37 hours, Permanent
An exciting opportunity has arisen for a Maintenance Engineer to join Wakefield Equipment and Wheelchair Service. Wakefield, West Yorkshire
Recuriter: Wakefield Council

Wheelchair Therapist

Wakefield Council
Grade 7 - Grade 9, 37 hours, Permanent
We are currently looking for a forward thinking and enthusiastic individual Wakefield, West Yorkshire
Recuriter: Wakefield Council

Financial Systems Development Officer - WMF2603e

Westmorland and Furness Council
£38,220 - £39,152
You will be joining a friendly, welcoming and supportive Finance team. Cumbria / Various
Recuriter: Westmorland and Furness Council
Linkedin Banner