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If you are a Gypsy/Traveller and the council or a private landlord is trying to evict you from land you are occupying, they may call in the police to remove you. This page looks at the situations in which this can happen, and what you can do about it.

When do the police have the right to move me on?

By law, the police have the power to direct you to leave and remove your vehicles if:

• there are two or more people who intend to reside on the land without the owner's permission, and
• there are six or more vehicles parked on the land, or
• any of the people on the land have damaged the land or any property on the land in some way (this doesn't need to be extensive damage - it can include taking wood for a fire), or
• any of the people on the land have behaved in a threatening, abusive or insulting way towards the landowner or occupier or members of their family or their employees, and
• the landowner or occupier has asked you to leave.

The decision to direct you to leave must be made by a ‘senior police officer’ who is actually present on the land.

The police can also move you on if there are two or more people trespassing on the land with one or more vehicle and if there is a suitable alternative site available. However, the police cannot move you on if you have permission to be on the land.

The police cannot move you on if you have permission to be on the land.

What do the police need to take into account before moving me on?

When deciding whether or not to move you on, the police need to take the following things into account. If you don't think they've done so, contact a local advice centre right away (see 'where can I get help and advice' below).

What are the consequences of moving you on?

The police need to consider what will happen if you're moved on. For example:

• Will you be able to move to an authorised site, or will you have no choice but to park somewhere else illegally?
• Will your children's education be disrupted? Will they be able to continue attending school if you move?
• Will you be able to access health services if you have to move?
• Will you lose your job, or be unable to find work if you move?
• Are your vehicles in a fit state to make a journey?

Does everyone on the site needs to be moved?

If the police are moving you on because of antisocial behaviour, they should first make sure that your whole group isn't being punished for the bad behaviour of a few individuals. If this is the case, the police should only evict the troublemakers, and leave you in peace. Better still, if you can persuade the person who caused the problems to leave of their own accord, the police may agree to let everyone else stay.

Your personal circumstances

The police must also consider the health and safety of your household. For example, you may not have to move if anyone in your household is elderly, ill, or pregnant, or if you have small children, and a sudden move would endanger their health.

The police should also consider how long the site has been used by Gypsies/Travellers, and whether there has been any trouble in the past.

How do the police move me on?

In order to move you on, the police must come onto the land, and the senior police officer must ask you to leave. They may also give you a letter or written direction asking you to leave. You can ask them to give you time to speak to the landowner, to ask if you can stay on a little longer, although they don't have to grant you this time.

There is no minimum period of notice, so you'll be asked to leave as soon as you're able to, and you won't be able to return for three months.

What if I don't move on?

The police will ask you to move as soon as you're practically able to. For example, you should be given time to pack up the site and fix any broken down vehicles. If you don't leave within the time you're given, or you leave and subsequently trespass on the same land within three months, you'll be committing a criminal offence, and you may be arrested. The police will also have the right to tow away and impound your vehicles.

If you are then prosecuted for failing to comply with the police direction, or returning to trespass on the land, you can raise a defence if you can show that:

• you were not trespassing on the land, or
• you had a reasonable excuse for failing to leave the land as soon as reasonably practicable.

If you are convicted, you may be fined or even put in prison (see 'what if I'm charged with a criminal offence' below). If the police remove your vehicles, they must serve you with a removal notice, telling you to collect your vehicle within 21 days.

The notice should also explain where your vehicle is being stored and what removal and storage charges you need to pay before you can get it back. If you don't reclaim it within 21 days, the police can sell or destroy it. If they sell it, they must return the sale money to you, after deducting any charges.

What if I'm charged with a criminal offence?

If your site is causing problems in the area, or if there is trouble when the police arrive to move you on, they may charge you with a criminal offence, for example, breach of the peace. If the police think it necessary, you may also be arrested.

Where can I get help and advice?

If you're charged with a criminal offence, or need any other help and advice in dealing with the police, you should contact a legal adviser immediately - use this Legal Adviser Finder to find one, or contact Friends, Families and Travellers for advice. You may be able to get legal aid to help pay the solicitor's fees.

If you believe the police have mistreated you in any way, you can complain to the Independent Police Complaints Commission.

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