BCP Council introduces security at unauthorised encampments

An equality impact assessment carried out by the council warned two of the three changes being brought in had a “disproportionate impact on Gypsy and Traveller groups”, which “cannot be mitigated”.

This warning references a risk around the article eight of the European Convention on Human Rights - Right to respect for private and family life, home and correspondence.

The concern identified covers the decision to place static security at King’s Park main entrance over the summer months to deter unauthorised encampments.

• Read more: Council statement on why it has brought in new unauthorised encampment approach

Security have been at the entrance to King's Park this week

It also relates to introducing a security presence at unauthorised encampments “where there is evidence of crime, anti-social behaviour, community tensions or for protective factors”.

The changes to the seasonal response and unauthorised encampments policy were signed off by portfolio holder for community safety Cllr Bobbie Dove earlier this week.

The equality impact assessment says: “Due to the demographic of illegal encampments, there is a disproportionate impact on Gypsy and Traveller groups through the proposed changes two and three, that cannot be mitigated.

“Although the provision of security at multiple vehicle unauthorised encampments is proposed to support community and encampment safety, there is potential risk around EHCR (sic) Article 8 and as such the local authority can be exposed to the following risk through the proposals: judicial review, reputational damage, unlawful discrimination claims, injury to feeling claim.”

It adds that there is also a risk of “unintended outcomes and risk to staff” as there is an increased risk of confrontational situations if the approach is not well received.

A third amendment, which does not create such issue, is investing in further “target hardening” infrastructure improvements at 13 sites following an audit. Investment will include lockable height barriers in suitable car parks and additional rock boundaries to make unauthorised access more difficult.

This will cost around £200,000, subject to a tender exercise. No funding source has been identified at present. The work cannot be scoped and put out for tender until funding is secured.

Cllr Bobbie Dove (Image: BCP Council)

Outlining the reasons for Cllr Dove’s decision, a council report said: “Following a challenging summer season in 2021, that saw an increase in multi-agency working and responses associated with, and towards the occupiers of unauthorised encampments, an approach to enhance community safety and reduce community tensions is proposed.

“Challenges of 2021 and previous years include crime and disorder, reports of community unrest, as well as a prevalence of flycamping on beaches. Improvement of the target hardening at sites that have previously been subject to multiple unauthorised encampments will promote the correct usage of public land and protect public amenities.”

• Read more: BCP Council's 'more impactful' unauthorised encampment plans

The decision is not subject to call-in as it is not defined as a key decision in the constitution. Portfolio decisions can be implemented immediately after they have been given the green light by the relevant councillor.

King’s Park is described as a “key site” that has been “prevalent” for unauthorised encampments despite “target hardening”, according to the report. The security at the entrance started earlier this month and will remain in place until September 4.

The security at unauthorised encampments was authorised “to support community safety as well as the safety of the encampment”.

Consultation has taken place with various senior council directors and managers, a senior lawyer, Dorset Police, the Police and Crime Commissioner for Dorset David Sidwick, BCP Council leader Cllr Drew Mellor and the local authority’s chief operations officer.