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Common Law Removal of Occupied Tents – Councils & Public Bodies

UK Bailiff Services Ltd supports local authorities and public landowners to resolve rough sleeping encampments on council‑managed land under common law —empathetically, safely and lawfully— without a court order .

  • We can serve notice directly on site
  • Conduct site-specific risk assessments for safety and compliance
  • Engage with police, social services, and housing teams to coordinate welfare support
  • Trauma‑informed, welfare‑first engagement with translation support
  • Clear written notice and proportionate timelines (often ~24 hours; context‑dependent)
  • Co‑ordination with homelessness & safeguarding teams; detailed records for audit/FOI resilience
  • Respect for Public Sector Equality Duty and Human Rights Act obligations throughout
Common Law Removal of Occupied Tents

Quick Summary

  • Common law route only – no court order required
  • We handle notice service, risk assessment, and agency liaison
  • Reasonable, proportionate action; body‑worn video documentation
  • Comprehensive post‑operation reporting

Legislative Framework (England & Wales)

  • Common law right to abate trespass – A public landowner may require trespassers to leave and, if necessary, use no more force than reasonably necessary to remove them. Practitioner guidance: DCLG/HO (2015) and Home Office/NPCC (2022).
  • Homelessness Reduction Act 2017(England) – Prevention/relief duties and the duty to refer ; follow the Homelessness Code of Guidance (latest consolidated Feb 2024).
  • Housing (Wales) Act 2014, Part 2 – Welsh local housing authorities must take steps to prevent and relieve homelessness: legislation.
  • Equality Act 2010 s.149 – Public Sector Equality Duty – Due regard to eliminating discrimination and advancing equality: official guidance.
  • Human Rights Act 1998 – Act compatibly with ECHR rights, notably Article 8(respect for private/family life) and Article 3(inhuman or degrading treatment): legislation.
  • Safeguarding – Care Act 2014 s.42 (adults at risk) and Children Act 1989 s.17 (children/families).
  • Highways & public realm (where applicable) – On the highway, consider Highways Act 1980 s.143 (unauthorised structures). This page focuses on the common law route.

Scope

This page covers common law removal only. We do not describe court orders or judgments. Where appropriate, councils may consider separate statutory routes or police powers.

We can advise which route is most suitable (e.g., highway vs. parks/open space).

What councils should do before instructing under common law

  1. Confirm land control: You own or clearly manage the land (parks, car parks, estates, open spaces).
  2. Triage the location: Check if any area is highway/special land and record why common law is appropriate if you proceed on that basis.
  3. Welfare & safeguarding checks: Liaise with homelessness/outreach teams to offer support; make Care Act s.42 / Children Act s.17 enquiries/referrals where indicators exist; record outcomes.
  4. PSED due‑regard note: Briefly document Equality Act 2010 s.149 considerations—disability, pregnancy, ethnicity, language, trauma history, etc.
  5. HRA proportionality: Record how timing/notice and the plan respect Article 8 and avoid Article 3 risks (e.g., severe weather, acute vulnerability).
  6. Police liaison (as needed): Share proposed timing for reassurance and responder safety. Police powers are separate from our civil role.
  7. Site risk assessment & data: Provide plan/annotated map, access points, sharps/ASB intel, PPE needs, translator requirements.
  8. Formal authorisation: Written instruction confirming the common law route, land description, and your decision record.

Helpful templates

Ask for our Council Proportionality & PSED Checklist to streamline steps 3–5 and evidence due‑regard.

Request the checklist

How we work under common law

  1. Engage & assess: Trauma‑informed approach; welfare triage; reasonable adjustments; translation support.
  2. Notice to leave: Serve clear written notice (typically ~24 hours unless risk/aggravating factors). Prominent site posting if occupants are absent; translations where required.
  3. Facilitate departure: Support voluntary move‑on; coordinate with housing/outreach for referrals and transport signposting.
  4. Proportionate enforcement: Only if necessary, remove trespassers using no more force than reasonably necessary. Continuous supervision, body‑worn video (BWV), dynamic risk review.
  5. Evidence & handover: Photologs, BWV reference, copy notices, welfare offers, proportionality checklist and a post‑operation report for audit/FOI resilience.

Important

This page is limited to common law. Depending on location and circumstances (e.g., highway, serious ASB), councils may consider separate statutory powers or police routes. We can advise at instruction which path is most suitable.

Practical points for councils

How do you evidence “reasonable force” and proportionality?

Operational plans, dynamic risk assessments, BWV, contemporaneous logs, and welfare‑contact records show a staged approach: engagement → notice → facilitate move‑on → proportionate enforcement only if required.

Do we need to complete homelessness or safeguarding steps first?

You should demonstrate offers of help and referrals per the Homelessness Code of Guidance and, where indicators exist, make Care Act s.42 / Children Act s.17 enquiries or referrals.

How quickly can we act?

Timings depend on welfare findings, proportionality, weather, site sensitivities and any police advice. We usually propose a short, reasonable notice period (often ~24 hours) unless there are aggravating factors (serious ASB, imminent risk).

What about people with no recourse to public funds (NRPF)?

NRPF limits access to mainstream benefits, but safeguarding powers may still apply (Children Act s.17 for families; Care Act s.42 for at‑risk adults). We record offers of support and provide translated information where needed.

Instruct UK Bailiff Services (Councils & Public Bodies)

Please include:

  • Brief land description, plan or What3Words; access details
  • Welfare/safeguarding steps taken & contacts (HRA/PSED notes if prepared)
  • Preferred notice period and any dependencies (severe weather, school proximity)
  • Police contact (if any) and requested liaison

Compliance note

© UK Bailiff Services Ltd. Information provided for public bodies on common law removals only. It does not describe court orders or judgments.