High Court agrees to hear judicial review of new unauthorised encampments powers

A judicial review challenge of stricter enforcement powers implemented via the Police, Crime, Sentencing and Courts Act 2022 that allow the police to evict individuals from unauthorised encampments is set to be heard in the High Court.

Wendy Smith, a Romani Gypsy who is bringing the legal challenge, alleges that the new powers have a significant "chilling effect" on the ability of Gypsies, Roma and Travellers to pursue their traditional way of life in their caravans.

The new powers were introduced via the Police, Crime, Sentencing and Courts Act 2022, which inserted section 60C into the Criminal Justice and Public Order Act 1994.

Section 60 makes it an offence, punishable with up to three months imprisonment and/or a fine, for someone residing on land with a vehicle to fail to comply with a request to leave the land.

The offence applies if a person is residing, or intending to reside, on land without the consent of the occupier of the land, and has, or intends to have, a vehicle (including a caravan) on the land.

Due to a lack of authorised sites, Smith says she has no choice but to resort to unauthorised encampments. She contends that she and others in her position would always be forced to comply with a direction to leave a site in order to avoid the risk of criminalisation and the impoundment of their homes.

Smith argues that this is unlawful discrimination, in breach of Article 14 (Protection from discrimination) of the European Convention on Human Rights (ECHR), read with Article 8 ECHR (Right to privacy).

Mr Justice Garnham gave permission for the case to proceed to a full hearing.

Marc Willers KC and Ollie Persey of Garden Court Chambers, alongside Richard Drabble KC of Landmark Chambers, are representing the claimant. They are instructed by Chris Johnson of Community Law Partnership (CLP).

Adam Carey