How to Complete a Traveller Eviction in Grantham

traveller eviction in grantham

The team At Frank G Whitworth have been evicting travellers since 1948 with our sister Company Quality Bailiffs we are Professional Private Investigators and High Court Enforcement Officers who understand all about the importance of fast efficient evictions.

Traveller Evictions in Grantham

Contact Frank G Whitworth/Quality Bailiffs Derby Office now to discuss using our Derby traveller eviction service.

01332 977 402

derby@qualitybailiffs.co.uk

Bailey Brook House, Amber Drive, Langley Mill, NG16 4BE

Traveller Eviction in Grantham: Understanding Common Law & Sections 77 and 78 of the Criminal Justice and Public Order Act 1994

Evicting travellers from land in Grantham, like other parts of the UK, involves specific legal procedures to ensure that both the rights of the landowners and the travellers are respected. The two primary legal routes for eviction are through common law and statutory provisions under Sections 77 and 78 of the Criminal Justice and Public Order Act 1994.

Common Law Eviction

Common law provides landowners with the right to evict travellers from their property. This process generally involves the following steps:

Notice to Leave: The landowner must first request that the travellers vacate the land. This notice should be clear, written, and provide a reasonable timeframe for the travellers to leave voluntarily.
Enforcement Agents: If the travellers do not comply with the notice, the landowner can engage enforcement agents (bailiffs). These agents are authorised to remove the travellers from the property.
Use of Reasonable Force: Enforcement agents can use reasonable force to evict the travellers and their belongings. The force used must be proportional and should avoid excessive harm.
Police Involvement: While police involvement is not required initially, law enforcement may be called to maintain public order and prevent breaches of the peace during the eviction process.

Common law evictions tend to be quicker than statutory procedures but must be carried out lawfully to avoid accusations of harassment or unlawful eviction.

Sections 77 and 78 of the Criminal Justice and Public Order Act 1994

Sections 77 and 78 provide a statutory framework for the eviction of travellers from public land, primarily by local authorities, involving a more structured legal process.

Section 77: Direction to Leave Land

Issuance of a Direction: Under Section 77, a local authority can issue a written direction for travellers to leave the land, specifying a reasonable time for compliance.
Service of the Direction: The direction must be served on the travellers, either by handing it to them personally or by attaching it to their vehicles or accommodation on the land.
Compliance: Travellers must leave the land and remove their vehicles and belongings within the specified time frame.
Offence for Non-Compliance: Non-compliance with the direction is a criminal offence, punishable by fines or imprisonment.

Section 78: Obtaining a Court Order

Application to the Court: If travellers do not comply with a Section 77 direction, the local authority can apply to the Magistrates’ Court for an order under Section 78.
Court Hearing: The court will review the case and, if it finds the direction lawful and reasonable, will grant an order for the removal of the travellers.
Enforcement of the Order: The court order authorises the local authority to remove the travellers, their vehicles, and belongings from the land. Enforcement agents may be employed to carry out the eviction.
Police Assistance: The police may assist in the enforcement of the court order to ensure the eviction is conducted safely and to maintain public order.

Considerations and Best Practices

Human Rights: Both common law and statutory evictions must respect the human rights of the travellers, ensuring actions are proportionate and lawful.
Welfare Assessments: Local authorities should conduct welfare assessments to identify and address any specific needs or vulnerabilities of the travellers.
Alternative Sites: Providing information about alternative authorised sites can help mitigate the impact of eviction on the travellers.

Conclusion

A traveller eviction in Grantham involves balancing the rights of landowners with the needs of the traveller community. Whether through common law or statutory provisions under Sections 77 and 78 of the Criminal Justice and Public Order Act 1994, it is crucial to follow legal procedures meticulously. This ensures that the eviction process is fair, humane, and within the bounds of the law.

Traveller Eviction in Grantham