CLP have now submitted their final response to this consultation. Please see the attached document.
By Chris Johnson, Travellers Advice Team at Community Law Partnership and Marc Willers QC, Garden Court Chambers
On 5 November 2019 the Home Office announced a consultation Strengthening police powers to tackle unauthorised encampments
(https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/844954/Unauthorised_Encampments_-_consultation_paper.pdf). This consultation follows an earlier consultation issued by the Ministry of Housing, Communities and Local Government (MHCLG) in April 2018 on the effectiveness of enforcement against unauthorised developments and encampments (see the MHCLG report in February 2019 following the consultation: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/776942/Unauthorised_development_and_encampments_response.pdf ).
Elmbridge, Runnymede and Spelthorne Councils have carried out a consultation (ended 31 July 2019) about boat dwellers who do not have a licence or who overstay time on temporary moorings. One of the proposals is to bring into force a Public Spaces Protection Order banning such boat dwellers from the area of the boroughs. You can find the consultation details here: http://mygov.elmbridge.gov.uk/documents/s24122/Unauthorised%20moorings.pdf For CLP’s response to this consultation – click read more.
The Community Law Partnership (CLP) is an award winning, progressive firm of solicitors specialising in the law relating to Housing and Public Law. Amongst other things, we provide advice and assistance to homeless people in Birmingham who may include rough sleepers. Some of our clients may have to resort to begging due to being impoverished.
Obviously, nobody condones anti-social behaviour (ASB) but rough sleeping and/or begging do not amount to ASB in themselves. Sufficient methods already exist to deal with ASB such as the Vagrancy Act 1824, the Highways Act 1980 and the Public Order Act 1986. There is a grave danger that any blanket order will catch innocent people who are not guilty of any ASB.
1. The Community Law Partnership (‘CLP’) is a radical, progressive and award-winning SRA Regulated firm of Solicitors specialising in representing clients in the field of Housing, Public, and Community Care Law. Based in Central Birmingham, CLP incorporates the ground-breaking national Travellers Advice Team.
2. CLP has been at the forefront of the development of the areas of law that is specialises in and over the last 20 years has seen cases in the superior courts including the Supreme Court and the European Court of Human Rights.
Birmingham City Council are consulting over introducing a Public Spaces Protection Order (PSPO) covering the City Centre. CLP are very interested in hearing from anybody who may be adversely affected by this proposed PSPO. Here is the submission of CLP to that consultation.
RESPONSE OF COMMUNITY LAW PARTNERSHIP AND RUSTON PLANNING LTD
The Community Law Partnership (CLP) is an award winning, progressive firm of solicitors specialising in the law relating to Housing and Public Law. CLP incorporates the Travellers Advice Team (TAT) – a ground-breaking nationwide 24 hour advice service for Gypsies and Travellers. Ruston Planning is a planning consultancy that specialises in running planning appeals for Gypsies and Travellers.
Marc Willers QC, Garden Court Chambers and Chris Johnson, Community Law Partnership
In this paper we consider whether the recent consultation paper on unauthorised encampments and developments issued by the Minister for Housing Communities and Local Government is susceptible to challenge by way of judicial review.
The Travellers Advice Team at Community Law Partnership (CLP) advises and represents Gypsies and Travellers throughout England and Wales and has dealt with (and continues to deal with) many cases in London. We are just responding here to the piece in the draft London Plan on Gypsies and Travellers: https://www.london.gov.uk/what-we-do/planning/london-plan/new-london-plan/draft-new-london-plan/chapter-4-housing/policy-h16-gypsy-and-traveller-accomodation
The Welsh Government are consulting on a replacement to the Travelling to a Better Future Framework for Action and Delivery Plan (2011). The new document, Enabling Gypsies, Roma and Travellers is very positive and we would encourage people to send in submissions. You can find details here: https://consultations.gov.wales/consultations/enabling-gypsies-roma-and-travellers
The deadline for submissions is December 21. TAT have produced a joint submission with Marc Willers QC and Dr Simon Ruston of Ruston Planning.