We understand unauthorised encampment can be distressing and disruptive to local landowners, businesses and communities.

We work in partnership with West Mercia Police to manage unauthorised encampments across the county in a consistent, lawful, and proportionate way. An unauthorised encampment or site is where people set up home on land without the landowner's permission. This can be private or local authority land, such as public roads, parks, and green spaces.

We recognise that Gypsies and Travellers are protected from discrimination by the Equality Act 2010 and the Human Rights Act 1998, together with all ethnic groups who have a particular culture, language or values. We follow advice and guidance from the government as well as fulfilling our statutory duties whenever we deal with an unauthorised encampment

Unauthorised encampments are not a criminal offence. It is a civil offence (trespass), giving landowners (public and private) the right to repossess their property using the legal process. We do not deal with unauthorised encampments on private land, this is the responsibility of the landowner or can be reported to the police on their non-emergency response number 101.

Report an unauthorised encampment

If you become aware of an unauthorised encampment in Herefordshire, please report it to the council using the online form. All reports are treated confidentially.

Report an unauthorised encampment

How we respond

The council will normally lead the response to unauthorised encampments, working closely with West Mercia Police and other partners.

When an encampment is reported, we will:

• Confirm land ownership (council or private land)
• Carry out an initial site assessment as soon as practicable
• Consider any risks, including public safety, crime, and environmental impact
• Undertake welfare checks, including health, safeguarding, and education needs
• Work jointly with the police to assess whether any enforcement powers are appropriate

Each encampment is assessed on a case-by-case basis, and decisions are based on:

• Behaviour and impact
• Risk to the public and environment
• Welfare considerations
• Legal powers available

How long does it take to move an encampment?

There is no fixed timescale.

Action depends on:

• The circumstances of the encampment
• Legal processes that must be followed
• Welfare considerations
• If court action is required

In some cases, a short period of toleration may be agreed. In others, enforcement action may be pursued as quickly as possible.

Council-owned land

Where an encampment is on land owned or managed by the Council:

• The council is responsible for deciding how to respond
• This may involve toleration for a short, time-limited period, or enforcement action
• Welfare considerations and legal requirements must always be taken into account

We may take legal action through the courts where appropriate.

Private land

If an encampment is on private land:

• The landowner is responsible for taking action to regain possession
• We do not carry out evictions on private land

However, we can:

• Provide advice to landowners
• Support with welfare and environmental issues
• Work with West Mercia Police where necessary

Police powers may be used on private land if legal thresholds are met.

If you are a landowner affected by an unauthorised encampment, you have the right to take action to regain possession of your land.

Options may include:

• Serving a common law notice
• Applying to the County Court for a possession order

Important: This guidance is provided for general information only and does not constitute legal advice. You should seek independent legal advice before taking action. If you are a private landowner and would like advice, please contact us.

Role of West Mercia Police

West Mercia Police work jointly with the council and may become the lead agency where appropriate.

Police will consider using their powers where legal thresholds are met, including where there is:

• Significant damage, disruption, or distress
• Criminal activity or public disorder
• Risks to public safety

Any use of police powers is:

• Discretionary
• Based on behaviour, risk, and impact
• Proportionate and necessary

The presence of an encampment alone does not automatically mean police powers will be used.

Welfare and community considerations

The Council must consider the welfare needs of those on the encampment, including:

• Health needs
• Children’s education
• Safeguarding concerns

These considerations form part of the decision-making process but do not automatically prevent enforcement action where this is justified.

We also expect everyone to act respectfully:

• Those staying on encampments should minimise disruption and keep sites tidy
• Local residents are expected to act respectfully towards all communities

Nuisance, anti-social behaviour, and crime

• Trespass itself is a civil matter, not a criminal offence
• Criminal activity (e.g. damage, threats, public disorder) should be reported to the police via 101 or 999 in an emergency
• Issues such as noise, waste or other nuisance can be reported to the council

Where there is evidence of harm or disruption, this may influence how quickly enforcement action is taken.

Managing waste and site conditions

The council may:

• Provide advice on keeping sites clean
• Take action where there are environmental or public health concerns

Provision of facilities (such as bins or toilets) may be considered in limited circumstances but does not imply long-term permission to remain.

Our approach

We are committed to:

• Working in partnership with West Mercia Police
• Making clear, proportionate, and lawful decisions
• Balancing the needs of settled communities and travelling communities
• Providing clear communication and managing expectations