CONNORS v. THE UNITED KINGDOM JUDGMENT
11
provisions that are directed at those problems have not been extended to such sites.
The problems faced by Gypsies were wholly different, relating primarily to the acute
shortage of sites available to meet their particular accommodation needs. The said
problems were addressed by Part II of the 1968 Act, and supplemented by the
departmental guidance circulars issued to local authorities. By 1994, the scheme of
part II of the 1968 Act was found to have served its purpose as far as it could
reasonably be expected to do. There was now a substantial and valuable supply of
Gypsy caravan sites provided and operated by local authorities. The emphasis of
Government policy has now changed to one of encouraging Gypsies themselves to add
to that existing supply. Nevertheless existing local authority supply remains an
essential component of the Government’s strategy of securing an adequate level of
accommodation for Gypsies. The policy of the 1994 Act is to maintain and safeguard
that distinct source of supply.
26. Thus, I draw particular attention to the fact that the statutory protection
afforded by Part 1 of the 1968 Act and the 1975 and 1983 Acts has been and still is
available to Gypsies if they choose to reside at sites other than those provided by local
authorities specifically for Gypsies. In general, the key difference between such sites
has been the greater flexibility, which is usually available on local authority Gypsy
sites, in order to accommodate the nomadic lifestyle of occupiers. This may allow
Gypsies to remain on a site on a short-term basis, or to retain a site for 12 months of
the year, while paying a reduced rent as a retainer during the few months of the year
while they may be travelling in search of seasonal work. Other local authority sites
and private sites, in general, are aimed at longer-term residential occupiers, without
the need for such flexibility because they are not pursuing a nomadic lifestyle.
27. Nevertheless, there are of course a number of Gypsies who occupy sites on a
long-term basis, and other mobile home residents who do not consider themselves to
be Gypsies, but who prefer to occupy private sites on a more short-term basis. The
aim of the separate statutory frameworks is to ensure diversity of provision to meet the
varying needs of different individuals and families; it is not to classify or categorise
individuals or families. Accordingly, Gypsies seeking to settle on a more permanent
site may occupy private or local authority (non-Gypsy) sites and benefit from the
scheme put in place by Part I of the 1968 Act and the 1983 Act. This diversity of
public and private site provision reflects that which is available in housing generally.
28. The separate statutory framework allows for flexibility in meeting the
accommodation needs of Gypsies. It appears that the Defendant is effectively arguing
in these proceedings in favour of a single statutory framework applicable to all
caravan sites, including local authority Gypsy sites. In my view, such a single
statutory framework would be detrimental to the interests of Gypsies throughout the
country. If the security of tenure provisions of that framework applied equally to local
authority Gypsy sites, it would undermine the flexibility that such sites provide in
catering for the varied lifestyles of Gypsies. Some may move from site to site on a
regular basis, while others may be more permanently based on a site, possibly
travelling for a few months each year to take on seasonal work. If each Gypsy were
able to rely on security of tenure then every site, whatever its designation, could
potentially become a permanent site with no scope to accommodate short-term
occupiers. Furthermore, if there were no longer a distinction in the statutory
framework allowing flexibility for the provision of Gypsy sites, then there would be
nothing to prevent any person residing in a mobile home seeking to occupy a Gypsy
site, whether or not they pursue a nomadic lifestyle. Inevitably, fewer sites, if any,
could be made available specifically for Gypsies pursing a nomadic lifestyle.