Recently in the news – both locally and nationally – you may have heard a lot about what are described as “unlawful encampments’, writes Acting Superintendent Peter Davies.

They can be the subject of much speculation and fear for local communities, and often the perception is that “bad things” are associated with them.

Acting Supt Peter Davies

The police of course have a role in helping to deal with these encampments, which often means trying to find a sensible balance between the law and the needs, fears, and expectations of local residents.

It is not as simple a business as it might appear and this blog is an attempt to provide a little clarity in this difficult area. So here goes.

What is an unlawful encampment? It simply means that people are occupying land without the permission of the landowner.

The most usual types of unlawful encampment include protest camps where people are objecting to a new development, or travellers camping on someone else’s land on a temporary basis as they move around the country.

The legal position isn’t simple, but it is not usually a crime to occupy land in this way and the police often have very limited powers. It is often the responsibility of the landowner to request the unlawful occupiers to leave their land. If the trespassers refuse then the landowner may have to get a court order to require the occupiers to leave.

This situation can understandably leave landowners feeling frustrated when they call the police for help and end up getting advice that they need to take their own action first. It can be just as frustrating for the police as well. Landowners and local residents will voice their feelings that something should be done and accuse us of standing idly by, whilst the legal process continues.

In fact, while we wait for the civil process to take place we are still proactively involved with those concerned, and maintain regular contact and visits to the site as well as liaising with neighbours and others to make sure conditions are not intolerable.

There are other aspects to consider. The state has some legal responsibilities around the provision of education and social services that can complicate the situation. Even if people are occupying land unlawfully they still have legal rights that have to be considered and cannot be ignored. Again, all of this can increase the anger and frustration felt by some parties.

At the heart of this issue are people. Some people feel a strong need to protest about things that are important to them. The current protest camp on land earmarked for open cast mining in Telford is an example of people doing what they believe is right, even if it brings them into conflict with the civil law.

Similarly, there are examples of travellers occupying land within Telford who are living in difficult conditions, yet are working legitimately to feed and clothe their families, just like many other local residents.

Over the years, I have found that often the best way to resolve such situations is by talking with the people involved. There is almost always a compromise position that can be reached that allows for a relatively swift and peaceful resolution. It may not be the formal role of the police to become a sort of independent arbiter, but there are many things that we do that aren’t in the job description. However, we aim to stop situations getting out of hand and keep the peace and find a speedy resolution. Most people recognise this and respond without the need to bring civil and legal powers into action.

Don’t misunderstand me though. Where crimes are being committed, or there are aggravating circumstances that allow the use of police powers under criminal law, then I will fully support their use. The police have an equal duty to protect ALL members of the public and we have used such powers within Telford on more than one occasion in the recent past.

Unlawful encampments are just another example of the, often complex, types of situation that we become involved in. No two encampments are the same and there will be people with entrenched views on either side.

A common feature is a feeling that the legal system is not effective. However, the laws that we have are the ones that we must abide by and if we can achieve the desired outcome with the minimum of harm then we will have done our job as well as we could in the circumstances – even if we haven’t pleased everybody.