Eviction proceedings for Gypsy and Traveller communities

If the action is raised by a public authority, including a local authority, then a solicitor can consider raising a judicial review action against that authority's decision to evict a member of Gypsy and Traveller communities. This would usually be done on grounds relating to the Human Rights Act 1998 or the Children (Scotland) Act 1995, or on the basis of the official toleration policy (if the pitch targets have not been met in the area and if no more than 12 caravans are parked).

A judicial review action can also be pursued if, by raising eviction proceedings, the public authority breaches its own written policy or a promise previously made to the Gypsy and Traveller communities. [1] Solicitors can ask the sheriff to continue or sist the eviction case pending the outcome of a judicial review.

Advisers should also note that human rights issues may be engaged by eviction proceedings taken against members of Gypsy and Traveller communities. Article 8 of the European Convention on Human Rights states: everyone has the right to respect for their ‘private and family life, his home and his correspondence’. [2] The UK courts have held that eviction proceedings by public authorities are an interference with this right and, in principle, defenders should have the right to have the proportionality of the eviction considered at the first calling of an eviction action. [3]

In the context of Gypsy and Traveller communities it must be established that they have a sufficient connection with the area in which they are living, i.e. where they are living is considered ‘home’. In Brighton and Hove CC v Alleyn and others [4] a local authority was seeking to evict travellers from local authority property. It was held that only nine months was required for the area to be established as a ‘home’ for the purposes of Article 8. This case in an English County Court one and consequently can only be of persuasive application in Scottish courts. Public authorities are not required to considered Article 8 proportionality from the beginning of an eviction action – it is up to a defender to raise the issue of the proportionality of an eviction action. [5] If it is suspected that human rights issues are engaged then advisers should contact a solicitor.

An eviction of a trespasser without a court order is not a criminal offence, and does not give rise to a claim for compensation. [6] Land owners may, however, risk causing criminal injury or damage to vehicles if they try to carry out an eviction without a court order.