Travellers have set up several unauthorised camps across Merseyside in recent weeks, with many asking what can be done to swiftly move them on.

Earlier this month, a large group of travellers gathered at Spital station in Wirral and stayed for several days before moving to a field near a school in Bromborough.

Another camp was set up at Burbo Bank Road North in Crosby last week, prompting one woman to ask: “Why haven’t the council or police moved them on?”

It is understood that both groups have now moved on, but the time it took them to leave angered many locals.

Here’s the Local Democracy Reporting Service guide to what powers the council, landowners and the police have.

Landowners

Many people assume it is always local councils who should be intervening when traveller caravans occupy private land, but actually landowners themselves have significant powers.

Common law rights allow landowners to remove unauthorised campers from their land if they do not have permission to be there.

This does not require any court ruling and can be done straight away, but a court injunction can be sought to prevent the trespass from happening again.

Campers who enter land peacefully are entitled to a request to leave the land before being forcibly removed, but if unauthorised campers have entered land with force and violence they may be removed without a previous request to depart.

If they refuse to leave the land, the landowner can use force but must use no more than is reasonably necessary to evict someone.

Landowners can use private bailiffs to carry out the eviction.

Of course, not everyone will agree on what classes as reasonable force, but the law states that it must be an honestly held belief that in the particular circumstances the force that is used is reasonable, rather than excessive.

If excessive force is used, that could give rise to a claim against the landowner by the trespassers.

Councils

Local authorities are able to remove people living in caravans on private or public land without the permission of the landowner.

Councils have this power under Sections 77 and 78 of the 1994 Criminal Justice and Public Order Act (CJPOA).

Council officers can issue a so-called ‘Direction’ to leave the land.

If the campers fail to move on by the date given in the direction, or return to the same location within three months of that date, they are committing a criminal offence and may be arrested by the police.

If a prosecution is successful, the campers may be liable to a fine of up to £1,000.

But local authorities may choose to go down the Magistrates Court route and apply for an order allowing for the removal of people and vehicles from the unauthorised camp, through Section 78 of the CJPOA.

If granted, the order should be served on the unauthorised campers as soon as possible by the local authority.

The council is then obliged to wait 24 hours before removing the unauthorised campers or asking private bailiffs to do so.

After this the campers can be removed and the police should be present to prevent any breach of the peace.

Police

The first step to trigger police action is for a landowner to make a formal request to the police that they use their powers to remove unauthorised campers under the CJPOA.

If a landowner has asked the unauthorised campers to leave by a particular date and time and they have failed to do so, and any of three things have happened the police can intervene.

The unauthorised campers have caused damage to the land or property on the land.

They have used threatening, abusive or insulting words or behaviour to the occupier, a member of his family or his employee or agent.

There are six or more vehicles on the land.

Under Section 61 of the CJPOA the police can then direct unauthorised campers to leave a site.

They can do this without reference to the courts.

A senior police officer then considers whether it is appropriate to use the power, based on various factors including:

• Whether offences such as serious breaches of the peace, disorder, criminal activity or anti-social behaviour have been committed, which would necessitate police involvement under their wider powers.

• Is the impact on the environment and local people big enough to justify using police powers.

• Is action by the police legally sustainable?

• Are sufficient resources available?