CONNORS v. THE UNITED KINGDOM JUDGMENT
7
grants were made available to local authorities to cover the costs of creating
gypsy sites.
37. Section 80 of the Criminal Justice and Public Order Act 1994 (“the
1994 Act”), which came into force on 3 November 1994, repealed sections
6-12 of the 1968 Act and the grant scheme referred to above. The change in
policy underlying the repeal was explained by the Parliamentary UnderSecretary of State:
“In the past 13 years the number of gypsy caravans stationed on unauthorised sites
has remained broadly the same... The shortfall in provision has been largely due to
natural growth in the gypsy population. Plainly site provision is barely keeping pace
with the growth in demand and is not reducing the shortfall...
We recognise that council site provision has contributed to alleviating the
difficulties experienced by the gypsy community. Indeed the predicament of gypsies
in England and Wales is now far different from in 1968. At that time, probably fewer
than 10 per cent of gypsy caravans in England and Wales were stationed on authorised
sites, whereas the figure is now about 46 per cent. A further 24 per cent are on
authorised private sites, and many more are stationed on tolerated sites where they are
allowed to stay with reasonable security from eviction. ...
We believe that public provision of sites has now reached an acceptable level.
Public accommodation has been provided for 46 per cent of the total number of gypsy
caravans in England and Wales. We do not believe that it is in the public interest to
continue to maintain what has become an open-ended commitment to provide sites for
all gypsies seeking accommodation at the public’s expense. It is our view that the right
approach now is to encourage more gypsies to establish their own sites through the
planning system. We know that many gypsy families would prefer to establish their
own sites rather than reside on council sites. The National Gypsy Council has for a
long time supported the case for private provision. Private site provision has increased
by more than 135 per cent since 1981. Our intention is to encourage that trend.”
38. Local authorities remain empowered to provide gypsy sites under
section 24 of the 1960 Act and such sites remain the largest single
component of the overall supply. Under current policy guidance, the
Government have emphasised the importance that local authorities maintain
their existing sites and consider if it is appropriate to provide further sites
(Circular 18/94, paragraphs 21-22). In 2000, the Government announced
that they were making available 17 million pounds sterling over the period
2001-2004 to help local authorities to maintain their sites.
2. Unauthorised stationing of caravans
39. Section 77 of the 1994 Act gives to a local authority power to direct
an unauthorised camper to move. An unauthorised camper is defined as
“... a person for the time being residing in a vehicle on any land forming part of the
highway, any other unoccupied land or any occupied land without the owner’s
consent”.