Gypsies and Travellers: Have your say about Government plans
By Chris Johnson and Marc Willers - 30th January 2013
There are a number of consultations in process at present which may have a serious effect on the lives of Gypsies and Travellers. It is very important that people put in responses to these consultations because, in previous consultations carried out over the past couple of years, significant changes have been made as a result of responses to consultations.
The three consultations that Gypsies and Travellers and interested parties need to respond to are:
- Changes to Temporary Stop Notices consultation
- Changes to the Education Act that could affect Gypsy and Traveller Children
- Application of the Mobile Homes Act to Welsh local authority Gypsy and Traveller sites
It is very important that Gypsies and Travellers and their supporters take this opportunity to get involved in making representations about proposed changes to laws and policies that are crucial to them and we encourage all those who are affected by these policies or who support Gypsies and Travellers to get involved
Temporary stop notices (TSNs)
A local authority can issue a TSN if they think there has been a breach of planning control and that the activity should be stopped immediately. Currently, in most cases, TSNs cannot be used to prohibit the stationing of caravans used as main residences.
The Department of Communities and Local Government (DCLG) are proposing to change the guidance with regard to the use of TSNs. The consultation paper can be found at: www.gov.uk/government/consultations/changes-to-temporary-stop-notices-consultation
The deadline for responses is February 13th.
DCLG propose to extend TSNs to prohibit the stationing of caravans used as main residences where the Gypsies or Travellers concerned do not yet have planning permission.
All Gypsy and Traveller support groups are opposed to this proposal since it will simply push even more Gypsies and Travellers on to roadside encampments at a time when there remains a completely inadequate supply of authorised sites (both permanent and transit), a fact which is accepted by Government.
DCLG have organised oral hearings as part of this consultation process to enable Gypsies and Travellers to voice their opinions on these proposals and those are currently scheduled as follows:
Tuesday 12 February (10.30am - 12.30pm): Department of Communities and Local Government, Eland House, Bressenden Place, London, SW1E 5DU
Wednesday 13 February (10.30am - 12.30pm): Department of Communities and Local Government, Eland House, Bressenden Place, London, SW1E 5DU
For more details and to put your name down for one of these meetings, you should contact:
Owen Neal Planning - Economy and Society Department for Communities and Local Government Tel: 030 3444 4412 Ext: 44412
Email: Owen.Neal@communities.gsi.gov.uk
Owen.Neal@communities.gsi.gov.uk
Education Act 1996
Under section 444(1) of the Education Act (EA) 1996, a parent commits an offence if they fail to ensure their child’s regular attendance at a school where the child is registered.
However, currently, section 444(6) provides a defence where the child is of no fixed abode and:
parents are engaged in a trade or business of such a nature as to require them to travel from place to place; and
the child has attended at a school as a registered pupil as regularly as the nature of that trade or business permits; and
if the child has attained the age of six, that he or she has made at least 200 attendances during the period of 12 months ending with the date on which the proceedings were instituted.
Parents who dual register their child at another school whilst travelling will not be affected as their child will not be recorded as absent from school.
The Department for Education (DfE) paper proposes the repeal of the above defence in order, so they say, “to improve the educational outcomes for Gypsy and Traveller children.”
Most if not all Gypsy and Traveller support groups oppose the repeal of section 444(6). For example, the Advisory Council for the Education of Romany and other Travellers (ACERT) call for the support of the education of nomadic children through distance learning and/or dual registration. They also call for flexibility in admissions systems.
Download the response form in Word format from the Department for Education (DfE) website
See the Department for Education (DfE) website for more information
The deadline for responses is February 22nd.
Most unfortunately this consultation process does not involve oral hearings. We believe this failure may be challengeable.
Mobile Homes Act (MHA) 1983
The Welsh Government have issued a consultation paper on the application of the MHA 1983 to Welsh local authority Gypsy and Traveller sites (the MHA 1983 has applied to English local authority sites since April 2011). The proposed changes will provide residents on Welsh local authority sites with important new rights and obligations. Most importantly it will give those living on such sites security of tenure for the first time. The European Court of Human Rights recently decided that the lack of security of tenure on Welsh sites amounted to a breach of Article 8 (the right to respect for private and family life and home) of the European Convention on Human Rights. See this article on Travellers' Times website.
The consultation paper can be found on the Welsh Government website
There is a very generous deadline for responses of March 29th.
The Welsh Government are to be commended for holding meetings on all local authority sites as well as the following stakeholder events:
Monday 18 February – Welsh Government office, Penllergaer, Swansea 10am – 1pm
Tuesday 26 February – Catrin Finch Centre, Glyndwr University, Wrexham 10:30am – 1:30pm
Monday 11 March - Welsh Government office, Rhydycar, Merthyr Tydfil 10am – 1pm
For more information and to put your name down for one of these meetings, please contact:
John Davies
Equality, Diversity and Inclusion Division
Welsh Government
Rhydycar
Merthyr Tydfil
CF48 1UZ
Tel: 0300 062 8184
Email:John Davies
john.davies35@Wales.GSI.Gov.UK
Chris Johnson, Travellers Advice Team (TAT) at Community Law Partnership (CLP) and Marc Willers, Garden Court Chambers.
TAT has an advice line for Gypsies and Travellers on 0121 685 8677, Monday to Friday 9am to 5pm.
www.communitylawpartnership.co.uk
Garden Court Chambers has a specialist team dealing with issues for Romani Gypsies, Irish Travellers and other Travellers.