Local authorities can ban gypsies and travellers from their land, the Supreme Court has ruled.
Prohibitory newcomer injunctions can be granted on a short-term, interim basis as a matter of principle, the announcement said.
The latest ruling by the Supreme Court follows a number of legal battles, which set off when a number of injunctions against “persons unknown” were obtained by councils between 2015 and 2020.
The “persons unknown” reference was used because the gypsies and travellers, who may wish to camp on a particular site, could not generally be identified in advance.
The Supreme Court said that at the time the injunctions were granted, the interests of Gypsies and Travellers were not represented at hearings. The bans were also issued before “these unknown persons” camped, or threatened to camp, on the local authority land without permission, or to commit any other relevant unlawful activity.
A number of appeals ensued, including that by London Gypsies and Travellers (LGT), Friends Families and Travellers (FFT) and the Derbyshire Gypsy Liaison Group.
Meanwhile, the injunctions initially obtained by councils were coming to an end. From around mid-2020, local authorities made applications to extend the ban on newcomers.
Following a review hearing, the judge concluded that newcomer injunctions could only be issued on a short-term basis.
The court discharged the injunctions obtained by local authorities, including the Wolverhampton City Council, Walsall Metropolitan Borough Council, Thurrock Council and several London borough councils.
Nomadic Communities
As of July 2023, there are 25,220 traveller caravans in England. This compares to 20,834 caravans in 2013, an increase of 21 percent.The number of caravans on unauthorised sites (without planning permission) in July added up to 3,531. The count of traveller caravans was suspended in July 2020 and January 2021, due to national lockdowns.
Local authorities need to understand the “needs of nomadic communities,” said the LGT chief executive officer, Debby Kennett.
He welcomed the Supreme Court’s recognition of the “lack of sites and stopping places for gypsies and travellers.”
“The use of wide injunctions offers no real solutions,” Mr. Kennet said.
One of the respondents in the case, the London Borough of Barking and Dagenham, had in the past issued a statement on the use of injunctions.