Legal sources last checked: 29 August 2026
Scope: England and Wales
General information only – not legal advice
If you need to know how to evict Travellers from council land, the first point to understand is that residents, neighbouring businesses and private security companies cannot carry out the eviction themselves.
Where an unauthorised encampment is on land owned or controlled by a local authority, the council normally decides what action to take. This can involve Sections 77 and 78 of the Criminal Justice and Public Order Act 1994. Police have separate powers that may apply where their own statutory conditions are met.
Removal is therefore not always immediate. The council may need to establish who controls the land, assess the circumstances and determine the appropriate legal route before enforcement takes place.
Key Point: Local authorities can use Sections 77 and 78 of the Criminal Justice and Public Order Act 1994 to deal with qualifying unauthorised encampments. Police powers are separate and are not automatically triggered simply because an encampment has appeared on council land.
What is an unauthorised encampment on council land?
An unauthorised encampment generally involves people residing on land without the consent of the person or organisation entitled to control it.
On council land, this could involve caravans or other vehicles occupying:
- public car parks;
- parks and recreation grounds;
- public open spaces;
- unused council-owned land;
- areas surrounding public buildings; or
- certain roadside or highway locations.
The legal issue is whether occupation of the land has been authorised and which organisation has control of that land.
The latest GOV.UK Traveller Caravan Count for England, carried out in January 2026, recorded 29,402 Traveller caravans. Of these, 24,452 were on authorised sites and 615 were on unauthorised encampments on land not owned by Travellers.
These figures provide national context only. They do not indicate the circumstances or behaviour associated with any individual encampment.
Where an encampment is instead situated on privately controlled commercial property, the legal and operational route is different. We cover that situation separately in our guide on how to evict Travellers from private land.
What does the council usually do first?
A council will normally begin by establishing the facts.
This can include confirming whether the authority owns or controls the land and assessing the nature and scale of the encampment.
Depending on the circumstances, officers may record:
- how many vehicles or caravans are present;
- when the encampment appeared;
- which areas are occupied;
- whether access is obstructed;
- damage to land or property;
- waste or fly-tipping;
- fires or environmental hazards;
- interference with public facilities;
- effects on neighbouring businesses;
- public-safety concerns; and
- reports of criminal behaviour.
Welfare and safeguarding circumstances may also need to be considered.
Current Home Office guidance on unauthorised encampments describes the response as a locally driven, multi-agency process led by local authorities and supported by police where appropriate.
This helps explain why apparently similar encampments may not always be dealt with in exactly the same way.
Council powers and police powers are different
One of the most important distinctions is between what a council can do and what police can do.
Local authorities have specific powers under Sections 77 and 78 of the Criminal Justice and Public Order Act 1994.
Police have separate powers under provisions including:
- Section 60C;
- Section 61; and
- Section 62A.
These powers are not interchangeable.
For example, the requirement for significant damage, significant disruption or significant distress associated with Section 60C should not be confused with the separate conditions for a local authority using Section 77.
How to Evict Travellers from Council Land Lawfully
Where the statutory requirements are satisfied, the main local-authority process involves Sections 77 and 78 of the Criminal Justice and Public Order Act 1994.
In simplified terms, the process can involve:
- confirming control of the land;
- assessing the encampment;
- determining whether Section 77 is appropriate;
- issuing and serving a Section 77 direction;
- allowing the occupants an opportunity to comply;
- applying to the magistrates’ court under Section 78 if necessary; and
- arranging lawful enforcement following a court order where required.
Not every case will pass through every stage.
If the occupants leave voluntarily, further court action may not be necessary.
What is a Section 77 direction?
Section 77 of the Criminal Justice and Public Order Act 1994 gives local authorities in England and Wales a power to direct qualifying unauthorised campers to leave land.
It is often referred to as a Section 77 notice, although the legislation describes it as a direction.
The power may apply where people are residing in vehicles:
- on land forming part of a highway;
- on other unoccupied land; or
- on occupied land without the occupier’s consent.
Where the statutory conditions are satisfied, the local authority can direct the people concerned to leave and remove their vehicles and other property.
Importantly, Section 77 does not contain the same significant-damage, significant-disruption or significant-distress threshold associated with Section 60C.
The current Crown Prosecution Service guidance also confirms that knowingly failing to comply with a Section 77 direction can constitute an offence.
What happens if a Section 77 direction is ignored?
A Section 77 direction is a formal legal step, but it does not necessarily result in immediate physical removal.
Where the direction is not complied with, the local authority can proceed under Section 78 of the Criminal Justice and Public Order Act 1994.
Section 78 allows the council to make a complaint to the magistrates’ court that a Section 77 direction has not been complied with.
The court may then authorise the local authority to enter the land and remove vehicles or other property in accordance with the legislation.
Current CPS guidance also notes a requirement for 24 hours’ notice where the authority is exercising the relevant Section 78 removal power.
This should not be misunderstood as a universal rule that every unauthorised encampment must remain for at least 24 hours.
The relevant timescale depends on which legal route is being used and the circumstances of the case.
How long does it take to evict Travellers from council land?
There is no fixed national timescale.
Some encampments may leave voluntarily soon after contact from the council. Others may require formal directions, a court application and subsequent enforcement.
Relevant factors can include:
- voluntary compliance;
- the legal powers being used;
- whether a court order is needed;
- court availability;
- the circumstances of the land;
- welfare or safeguarding issues;
- police involvement; and
- arrangements required to enforce an order.
A neighbouring commercial operator should therefore not assume that reporting an encampment will automatically result in same-day removal.
Can police remove Travellers from council land?
Police may be able to act where their statutory powers apply, but those powers are separate from the council’s Section 77 and Section 78 process.
The presence of an unauthorised encampment alone does not automatically require police removal.
Criminal damage, theft, violence, threats, public-order offences or other suspected crimes should be reported according to what has actually happened.
The Criminal Justice and Public Order Act 1994 also provides specific police powers relating to people residing on land without consent.
Two of the most relevant are Section 60C and Section 61.
What is Section 60C?
Section 60C of the Criminal Justice and Public Order Act 1994 creates an offence concerning residing, or intending to reside, on land without consent in or with a vehicle where the statutory conditions are satisfied.
Relevant conditions include the person:
- being aged 18 or over;
- residing or intending to reside on land without consent;
- having or intending to have at least one vehicle with them;
- being asked to leave or remove property; and
- causing, or being likely to cause, significant damage, significant disruption or significant distress.
Further statutory conditions apply.
The important point is that simply occupying council land with a vehicle does not automatically establish a Section 60C offence.
The police must consider the evidence and whether the statutory test has been met.
What is Section 61?
Section 61 provides a separate police power to direct trespassers to leave land.
Current Home Office guidance explains that the power can apply where a senior police officer reasonably believes that:
- two or more people are trespassing on land;
- they have the common purpose of residing there;
- the occupier has taken reasonable steps to ask them to leave; and
- damage, disruption or distress has occurred, or the trespassers have six or more vehicles between them on the land.
An important distinction is that the damage, disruption or distress under Section 61 does not need to meet the higher “significant” threshold associated with Section 60C.
The decision to exercise Section 61 remains with the police.
What is the six-vehicle rule?
The so-called six-vehicle rule relates to Section 61.
Where the other statutory conditions are satisfied, Section 61 can potentially be used where the trespassers have six or more vehicles between them on the land, even if the separate damage, disruption or distress condition has not been established.
It is not an automatic eviction rule.
The other requirements of Section 61 still need to be met, and the decision to use the power remains with police.
What changed in 2026?
Anyone researching how to evict Travellers from council land may encounter older information stating that people directed to leave under certain police powers cannot return for 12 months.
That is now outdated.
Section 168 of the Crime and Policing Act 2026 reduced the relevant prohibited return period from 12 months to three months.
The Home Office updated its statutory guidance on 29 June 2026 to reflect the change.
The amendment affects provisions including Sections 60C and 61.
The change followed the High Court judgment in R (Smith) v Secretary of State for the Home Department [2024] EWHC 1137 (Admin), which found that the 12-month period placed a disproportionate burden on Gypsy, Roma and Traveller communities.
Current information should therefore refer to a three-month prohibited return period under the relevant provisions.
What can count as damage, disruption or distress?
The statutory test depends on the power being considered and the circumstances of the incident.
Current Home Office guidance gives examples relevant to the assessment of harm, including:
- damage to land or property;
- damage caused while forcing entry;
- excessive littering or fly-tipping;
- excessive noise or smoke;
- interference with water, energy or fuel supplies;
- preventing lawful use of parks or car parks;
- interfering with workers or customers accessing businesses; and
- threatening or abusive behaviour causing relevant distress.
These examples do not create an automatic checklist.
The police must assess the facts and determine whether the requirements of the particular power are satisfied.
For neighbouring businesses, this is why factual reporting is important.
What should a nearby business report?
Where an encampment on council land affects a neighbouring commercial property, reports should concentrate on observable events.
Useful information can include:
- the exact location;
- when the encampment appeared;
- blocked entrances or roads;
- disrupted deliveries;
- employees or customers unable to access premises;
- damage to gates, fencing or other property;
- fires or safety hazards;
- waste or fly-tipping;
- threatening or abusive behaviour;
- interference with utilities;
- photographs or CCTV relating to specific incidents; and
- police or council incident reference numbers.
Avoid attributing unrelated criminal activity to an entire group without evidence.
Specific information about actual disruption, damage or suspected offences is more useful to the council and police than general complaints about the presence of an encampment.
Can a business remove Travellers from neighbouring council land?
No.
A private business cannot use the council’s statutory enforcement powers simply because an encampment is affecting its operations.
It should also avoid confrontation or attempting an informal physical eviction from council land.
The business can report relevant impacts, preserve evidence and protect the property it controls.
If the occupied land is actually privately owned rather than council controlled, the recovery process is different. Our separate guide explains how to evict Travellers from private land, including private-land recovery routes and Part 55 possession proceedings.
What should a nearby commercial site do?
A neighbouring encampment can create operational pressure even where nobody has entered the commercial property itself.
For example, a warehouse, industrial site, construction project, vacant property or storage yard may experience increased pressure around access points or boundaries while the council process is ongoing.
Site managers should review:
- gates and locking points;
- perimeter fencing;
- vehicle entrances;
- unused access routes;
- delivery routes;
- emergency access;
- external storage;
- plant and machinery;
- fuel;
- staff access arrangements;
- lighting;
- CCTV coverage; and
- out-of-hours monitoring.
Passive controls such as fencing, barriers, locks, lighting and CCTV remain important. They can restrict access, provide evidence and generate alerts.
However, exposed sites may also require active site control.
Active security can provide:
- visible presence;
- perimeter patrols;
- physical site checks;
- access monitoring;
- early identification of damaged boundaries;
- incident reporting; and
- escalation through agreed procedures.
Where additional protection is required while a council or police process is ongoing, our Security Dog Handler Services can provide active security for the commercial property itself.
Our handlers protect and monitor the client’s site. They are not used as informal eviction agents and do not replace local authorities, police, solicitors, court officers or authorised enforcement professionals.
Council land and private land require different legal routes
The location and control of the land are critical.
| Situation | Who normally leads? | Potential route |
|---|---|---|
| Unauthorised encampment on council-controlled land | Local authority | Sections 77 and 78 and other appropriate council powers |
| Circumstances meeting police thresholds | Police | Sections 60C, 61, 62A or other applicable powers |
| Unauthorised encampment on private land | Landowner or lawful occupier | Private-land recovery and potentially possession proceedings |
| Criminal offences | Police | Criminal investigation and enforcement |
| Occupiers own the land but planning permission is in dispute | Local planning authority | Planning enforcement |
This distinction is important for both legal compliance and SEO terminology.
Someone researching how to evict Travellers from council land is dealing with a different process from a commercial landowner trying to recover privately controlled property.
For the private-land process, see How to Evict Travellers from Private Land: 7 Essential Steps for Landowners.
Why welfare and equality considerations matter
Public authorities must exercise their powers lawfully.
Current Home Office guidance specifically refers to human-rights obligations, the Public Sector Equality Duty and wider equality legislation when police powers relating to unauthorised encampments are considered.
Gypsy, Roma and Irish Traveller ethnic groups are protected from racial discrimination under equality law.
This does not prevent lawful action against an unauthorised encampment.
It means decisions should be based on statutory requirements, evidence, behaviour, land use and the circumstances of the incident rather than assumptions about a person’s ethnicity or community.
For businesses, neutral and factual reporting is therefore the most appropriate approach.
Common misconceptions about Travellers on council land
The council must remove an encampment immediately
No. The authority needs to determine which legal powers are appropriate and may need to follow a formal statutory and court process.
Police must remove Travellers as soon as they arrive
No. Police powers have specific statutory conditions. An unauthorised encampment does not automatically trigger police removal.
Section 77 requires significant damage first
No. The significant-harm test associated with Section 60C should not be confused with the separate local-authority power under Section 77.
Six vehicles automatically means eviction
No. Six or more vehicles can satisfy one of the alternative Section 61 conditions, but the other statutory requirements must still be satisfied and the decision remains with police.
The prohibited return period is still 12 months
No. The relevant period was reduced to three months by the Crime and Policing Act 2026.
A nearby business can organise the eviction itself
Not from council land. A neighbouring business can report relevant impacts and secure its own property, but it cannot exercise local-authority or police powers.
Security dog handlers can remove the encampment
Security dog handlers should not be used as informal eviction agents. They can protect the client’s commercial premises while the lawful council, police or court process is handled separately.
FAQs
How do you evict Travellers from council land?
Where the statutory conditions are satisfied, a local authority can use Section 77 of the Criminal Justice and Public Order Act 1994 to direct qualifying unauthorised campers to leave. If the direction is not complied with, the council can consider an application to the magistrates’ court under Section 78.
What is a Section 77 notice?
A “Section 77 notice” is the commonly used term for a local-authority direction under Section 77 requiring qualifying unauthorised campers to leave land and remove relevant vehicles and property.
What happens if a Section 77 direction is ignored?
The local authority can apply to the magistrates’ court under Section 78 for an order allowing further steps to remove vehicles or other property.
Does a council need evidence of criminal damage before using Section 77?
No. Section 77 does not contain the same significant-damage, significant-disruption or significant-distress threshold associated with Section 60C.
Can police remove Travellers from council land?
Potentially. Police powers including Sections 60C and 61 may apply where their specific statutory conditions are satisfied. Their use is not automatic.
What is the six-vehicle rule?
Under Section 61, six or more vehicles between the trespassers can satisfy one of the alternative conditions for a police direction, provided the other statutory requirements are also met.
Can Travellers be removed from council land within 24 hours?
There is no universal 24-hour removal rule. The timescale depends on the circumstances, voluntary compliance, the legal route being used and whether court action is required.
How long does it take to evict Travellers from council land?
There is no fixed timescale. Some encampments leave voluntarily, while cases requiring a Section 77 direction, court proceedings under Section 78 and subsequent enforcement may take longer.
Is the prohibited return period still 12 months?
No. The Crime and Policing Act 2026 reduced the relevant prohibited return period from 12 months to three months.
Is removing Travellers from private land the same process?
No. Private land involves different responsibilities and recovery procedures. See our guide on how to evict Travellers from private land for the private-land process.
Can Colosseum K9 evict Travellers from council land?
No. Colosseum K9 does not operate as an informal eviction service. Our Security Dog Handler Services can protect commercial premises, patrol boundaries, monitor access, record incidents and escalate concerns while the relevant authorities deal with the encampment.
What should a business do if an encampment on council land affects its site?
Record the specific impact, report relevant incidents to the council or police, preserve evidence where appropriate and review the security of the property you control, particularly vulnerable access points, boundaries and external assets.