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Scottish Traveller Education Programme

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Consultation on Guidelines for Managing Unauthorised Camping by Gypsies/Travellers: Response from the Scottish Traveller Education Programme, May 2004

STEP were invited to give feedback on a recent Scottish Executive consultation regarding the management of unauthorised camping by Gypsy/Travellers. This consultation closed on 24 May 2004.

There are only a limited number of official sites in Scotland. 'Unauthorised camping' is when Travellers are unable or don't wish to stay on an official site. Sometimes they stay in places that have traditionally been used by Gypsies and Travellers, or temporarily by the roadside. STEP's comments focussed particularly on the implications for schooling and education for Gypsies/Travellers of unauthorised camping.

A full copy of the Guidelines is available at http://www.scotland.gov.uk/consultations/housing/gmuc-00.asp

General Comments

STEP broadly welcomes the many positive aspects of these Guidelines, especially the emphasis on the need for "sensitive and proportionate handling" of this complex issue (paragraph 1).

We also welcome the official recognition that unauthorised camping will continue, not only because of current lack of authorised sites but also as a recognition of cultural identity (1.1). We hope that efforts to provide appropriately resourced and well-situated sites will continue (1.1), and that long-needed inclusion of accommodation needs of Gypsies/Travellers within Local Housing Strategy will support this.

We are pleased that explicit reference has been made to the Race Relations (Amendments) Act 2000 and that the Consultation Paper is framed by acknowledgement of Gypsies/Travellers as a minority ethnic community in terms of the Act (1.9).

Finally, we warmly welcome the police service move away from a 'public order/crime prevention/community safety focus' towards recognition of the need to work within 'less proscriptive dimension of diversity' (1.11), and the specific reference to the commitment to provide police 'support and guidance on community and safety matters… racist incident monitoring' etc. (3.40)

Specific Points of Concern

Arising from the very positive points above, we look for the new Guidelines to recognise the damage done in the past to relations between Gypsy/Traveller communities and the authorities. The new Guidelines must clearly set out the ways in which new approaches will now support and improve relations between the different groups involved.

In light of this, there seems to be some significant contradiction between the strategic points made in the initial paragraphs and the outlined operational framework within the remainder of the Consultation Paper.

In particular, we wish to draw attention to the following:

2.25: Refers to 'record of issues, complaints and actions regarding these encampments…'. This seems at odds with the police service's wish to move on from 'public order/crime prevention/community safety focus' towards recognition of the need to work within a 'less proscriptive dimension of diversity' (1.11). We suggest that this would be usefully reframed as, 'a record of issues, concerns and actions from Gypsies/Travellers and from the settled communities would also be useful'.

2.30: Again, this point seems to focus on the narrow range of priorities from which the opening statements of the Paper seek to distance themselves. While all local authorities are required to seek Best Value, there must also be recognition of the 'costs' borne by all involved; not only the landowners, for instance, but the Gypsies/Travellers. Careful attention to the costs of improving site provision must also include the likely impact on the Gypsies/Travellers in terms of health, welfare and education.

3.37: We have a particular concern about this section of this Chapter. The Consultation Paper refers specifically to the RRA Amendment (2000), and in this context it seems entirely inappropriate to set out 'Examples of unacceptable behaviour' by Gypsies/Travellers. No other minority ethnic group has a set of 'Examples of unacceptable behaviour'. Equally, there is no list, and nor should there be, of 'Examples of unacceptable behaviour' from the settled communities.

4.54: We object to the references to the need to monitor 'behaviour'. By replacing this term with the word 'needs', the Guidelines will reflect the need to move towards a more 'sensitive' (1.1) working relationship with Gypsies/Travellers.

4.55: Similarly, we are concerned about the continuing references to 'standards of behaviour'. Again, to include this would be a damaging and retrograde step.

General Points of Concern

Overall, the Guidelines would benefit from more recognition that decisions and actions taken in relation to unauthorised camping have a wide ranging effect on access to services Gypsies/Travellers. This is of particular relevance for access to education; already problematic for this group. It is important that professionals with an understanding of educational issues should be consulted in relation to decisions about unauthorised encampments. The Guidelines must make a more specific commitment that any action which could result in reduced access to services should be considered very carefully before it is undertaken.

Gypsy/Traveller pupils in schools experience very widespread name calling and bullying. It is important that the Guidelines should actively seek to break down prejudiced or stereotypical views of Travellers which might result in further problems for their children.