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

Recovery Support Worker

Wakefield Council
Grade 7 - Grade 8, 37 hours, Permanent
Join a first of its kind specialist children’s home that has just been rated as Outstanding by Ofsted for the second year running. Wakefield, West Yorkshire
Recuriter: Wakefield Council

Residential Worker

Wakefield Council
£32,061.00 - £34,434.00, Grade 7, 37 hours, Permanent
Working in one of Wakefield Council’s children’s homes is a chance to change lives and transform your own future. Wakefield, West Yorkshire
Recuriter: Wakefield Council

Service Director - Highways

Central Bedfordshire
£95,953 – £106,769
As part of the council’s leadership team, you will lead specialist technical services Bedfordshire
Recuriter: Central Bedfordshire

Director of Social Work and Social Care

Trafford Council
£100,731 to £104,625
You will join a values-driven senior leadership team, providing visible and responsive leadership. Manchester
Recuriter: Trafford Council

Adults Social Worker - South Essex

Essex County Council
£37185 - £50081 per annum
Register your interest here to be notified of upcoming Social Worker opportunities within Essex County Council's Adult Social Care services in South England, Essex, Basildon
Recuriter: Essex County Council
Linkedin Banner