Police chief speaks out after latest traveller camps moved on

Travellers set up camp on playing fields in Brierley Hill last night. Caravans had already been settled on a third site at Withymoor Park nearby.

The encampments provoked an angry reaction from community leaders and residents who pleaded for action to be taken.

Following the intervention of police and officials the travellers pulled off the sites at around 2.45pm today.

But questions remained over why action could not be taken sooner to move the group on.

Chief Superintendent Richard Fisher, from Dudley Police today said there was a 'misconception' that immediate action could be taken on illegal encampments.

"From some of the information being provided there seems to be a misconception that the police have the power to immediately prevent and close down these camps moving the people on, but in reality there is a legal process that must be followed to ensure as public bodies we comply with the law," he said.

“In the instances such as this, where the land is council owned the local authority take the primary lead.

"Typically the police only have the power to seek eviction where there is evidence of crime and disorder at the location, this has to be proportionate to the circumstances and assessed on each occasion, having considered alternative options and only commences once the landowner has already taken reasonable steps to direct the groups to leave and sought to do so.

“The local authority have taken a decision to evoke their common law powers for unlawful encampments in the borough of Dudley and these were considered for the Withymoor Village encampment.

"The police can provide advice on the use of these powers, but it is not a decision for the police whether the powers are used or not, as these powers are specific to the local authority and enforceable through bailiffs not the police.

“We have been present on each occasion when the council have sent a bailiff and we also offered advice to council colleagues regarding the use of these common law powers, with a direction on whether in the circumstances their desired solution is achievable.

"We have continued to work closely with Local Authority colleagues and the community providing a visible presence in the area, whilst continuing to deliver policing to the wider borough with the officers we have available to us."

Ch Supt Fisher said he took this decision to use available powers to move the travellers on after the 'escalation' of the situation.

“I have this morning made the decision that the escalation of the situation at Withymoor following the arrival of an additional group which we evicted from Middlepark yesterday, now warrants the use of police powers under Section 61 Criminal Justice and Public Order Act 1994 and in conjunction with the Local Authority the travellers are being moved," he said.

“We appreciate that it can be an emotive and frustrating time for people living nearby to these encampments for those whose routines such as walking dogs or other outdoor activities are affected by their presence.

"Typically when a camp moves they relocate to land nearby and within the current legislation this is not preventable and the process starts again.

"This has meant that for the past four weeks I have continually dedicated officers to manage these same groups as they move around the borough from one site to another."

He added the force was working on a longer term resolution to the issue.

“We want to reassure the public that work is often going on behind the scenes with a range of partners and agencies - and the time it takes to resolve the issue is not down to a lack of desire or action by ourselves or council colleagues.

"During these times we would encourage members of our local community to continue to contact us about any associated concerns they have about crime or anti-social behaviour they cause.

"However it is important to understand that the law does not allow the prosecution of a collective or group for generalised behaviour.

"In taking criminal action we must be able to identify the specific behaviour caused by an individual and have the evidence to prove the offence they have committed.

"This is no different to any normal situation relating to criminal evidence and prosecution.

"Therefore in supporting us to deal with criminal acts I would ask the community for support in providing statements which evidence criminal behaviour to individuals, which supports us in taking action.

“West Midlands Police has a positive duty to serve all communities in a fair and equitable way.

"Our officers and staff need to strike a balance between the rights of the individual and the rights of the settled community when dealing with unauthorised encampments.

"Gypsies and travellers have been recognised by law as a protected group through the Equalities Act and have the same right under Human Rights legislation as anyone else.

“Since last summer West Midlands Police regionally and locally have been continually striving to establish a clear, professional and multi−agency response to unauthorised encampments to manage such issues in an efficient and effective way, taking into consideration the Home Office Guidance, along with national research and learning to achieve the best outcome for our communities here in Dudley.

"During this time I have spoken at length with council colleagues and political leaders with regards to the limitations of the current legislation, how best we can take forward the recommendations government have previously made with regards to transit sites, which travellers can be directed to minimise the wider impact to communities and other legal options available to police and the council.

"I met with senior council partners last week to discuss their use of common law powers, and how best we progress this work, we have a further meeting planned for later this week with the leader of the council and others to discuss a plan for moving forward."