1.Purpose of Decision Record
To record the decision of KERRY METCALFE to take enforcement action
under the Criminal Justice and Public Order Act 1994 in accordance
with her delegated powers contained within the Council’s
Constitution.
2.Background and Action to date
On Wednesday 31st January 2024 NYC was notified that up to eleven
unauthorised caravans had parked on Seamer Road Park and Ride site.
A site visit and welfare needs assessments have been carried out on
Saturday 3rd February 2024 by CEA Limited. This has established
that there may be one welfare concern on site relating to a lady
who is seven months pregnant – health care support has been
offered by CEA Limited and was refused. No other welfare needs were
identified.
Where a welfare need is present NYC’s policy states the
following:
‘The Council will seek to identify any relevant welfare needs
of the site occupiers. Where needs are identified the Council will
try to assist or refer the matter to the relevant service or
agency.
Where welfare needs are identified the case will be assessed on its
own merits and any appropriate occupation period agreed. The
situation will be monitored and the occupation period will be
extended as the Council deems necessary.’
As the individual with a welfare need has refused health care
support. It is considered that the eviction should proceed as
planned in accordance with the Policy.
Seamer Road Park and Ride is currently closed for the winter, but
it should become operational in advance of Easter. Failure to take
swift action with the eviction may result in problems re-opening
the site at the planned time due to clear-up and repairs to the
site once vacated.
3.Legal
The Council has a power under s77 Criminal Justice and Public Order
Act 1994 to give a direction to leave land to people residing in
vehicles, including caravans on land forming part of a highway,
other unoccupied land or occupied land on which there are residing
without the occupier’s consent.
The Council may give a direction that those persons and any others
with them are to leave the land and remove the vehicles and any
other property they have with them on the land.
If a person knowing that a direction under s77(1) has been given
which applies to him / her –
(a)Fails, as soon as practicable, to leave the land or remove from
the land any vehicle or other property which is the subject of the
direction, or
(b)Having removed any such vehicle or property again enters the
land with a vehicle within the period of 3 months being with the
day on which the direction was given,
commits an officer and is liable upon summary conviction to a
fine.
Then the Council may apply to the Magistrates Court for an order
under S78 requiring the removal of any vehicle or other property
which is present on the land and any persons residing in it.
4.Other
A welfare needs assessment was conducted on 3rd February 2024.
Having regard to the Human Rights 1998 and Equality Act 2010 in
particular in regard to the occupiers needs and welfare it would be
proportionate when balancing individual needs against the wider
public interest having regard to the unacceptable location of the
unauthorised encampment to serve a direction under s77 for the
removal of the vehicle(s) and person(s) from the site. Given that
the location is unacceptable, relevant authorities are aware of the
welfare needs on site and an appropriate occupation period has been
afforded to the families, it is now in line with the Authorities
Policy to serve notice without delay.
Failure to have the ability to open the Park and Ride site could
create reputational damage to the Authority and have an impact on
the wider tourist economy of the local area.
5.Recommendation
Therefore, I Kerry Metcalfe authorise action to be taken under
Sections 77 and 78 Criminal Justice and Public Order Act 1994 to
secure the removal of those vehicles or other property and any
persons residing in it from Seamer Road Park and Ride site in order
to prevent trespass and protect the Council’s interests and
enable the Council to continue to carry out its functions on the
site.