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

Team Co-ordinator

Local Government & Social Care Ombudsman
£30,253 - £36,117 per annum
For over 50 years we have been the voice of the public Hybrid working – allocated to offices in Coventry or York
Recuriter: Local Government & Social Care Ombudsman

Children and Young People with Disabilities Support Worker

Essex County Council
£26284.00 - £33256.00 per annum + + 26 Days Leave & Local Gov Pension
Children and Young People with Disabilities Support WorkerPermanent, Full Time£26.284 to £33,256 per annumLocation
Recuriter: Essex County Council

Information Governance Assistant - 18 month FTC

Essex County Council
£25959.00 - £28621.00 per annum + + 26 Days Leave & Local Gov Pension
Information Governance AssistantFixed Term, Full Time£25,959 to £28,621 per annumLocation
Recuriter: Essex County Council

Housing Officer- Income Recovery - WMF2881e

Westmorland and Furness Council
£36,363- £37,280
Following an exciting restructure of our Housing Team, we are delighted to offer several new opportunities Barrow in Furness, Cumbria
Recuriter: Westmorland and Furness Council

Community Learning and Skills Tutor - ESOL WMF2887e

Westmorland and Furness Council
£36,363 - £37,280 (pro rata)
This is an exciting role which will involve delivering both accredited and non-accredited ESOL courses at various levels. Carlisle, Cumbria
Recuriter: Westmorland and Furness Council
Linkedin Banner