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Unauthorised Encampments on Private Land
West Midlands Police will take active steps to identify illegal encampments on private land and will notify their existence to the owner of the land concerned and for information the Unauthorised Encampments team at Birmingham City Council.
The Police may exercise powers under section 61 Criminal Justice and Public Order Act 1994 and if it is not appropriate for the Police to use their powers under section 61 the owner of the land should be advised as to the reasons why; such reasons may include:-
- the individual(s) have no intention to take up residence,
- insufficient number of vehicles,
- humanitarian grounds,
- no instances of damage, nuisance or apparent criminal activity
The owner of the land must be directed to seek the issue of Court proceedings, to secure possession of the land.
The local authority will not remove persons or property from private land. The Police may be called upon to assist either the County Court Bailiffs or the High Court Sheriff (with regard to a potential breach of the peace) in the event of an order resulting from a private application.