Gypsy and Traveller accommodation policy

Introduction

Measures in the Housing Act 2004, requiring local authorities to include Gypsies and Travellers in the Accommodation Needs Assessment process, and to have a strategy in place which sets out how any identified needs will be met as part of their wider housing strategies, came into force on 2 January 2007.

Meg Munn, Minister with responsibility for Gypsy and Traveller policy, signed regulations which set out the definition of Gypsies and Travellers specifying who should be included in Gypsy and Traveller Accommodation Needs Assessments. The definition now explicitly includes travelling showpeople.

A commencement order brought the duty to conduct Gypsy and Traveller Accommodation Needs Assessments into force. Ministers expect all local housing authorities to have completed a Gypsy and Traveller accommodation assessment by the end of 2007. The two documents are available on the OPSI website at:

www.opsi.gov.uk/si/si2006/uksi_20063190_en.pdf (external link - PDF, 39kb, 2 pages)

and

www.opsi.gov.uk/si/si2006/uksi_20063191_en.pdf (external link - PDF, 42kb, 4 pages)

A summary of responses to the consultation exercise and a final regulatory impact assessment on the definition of Gypsies and Travellers are available on this website.

Draft practice guidance on how to carry out assessments of the accommodation needs of Gypsies and Travellers has been produced and revised guidance will be published in the Spring. The final guidance will take into account feedback from and the experience of local authorities that have completed the accommodation asessment process or have it underway.

Key principles needed to underpin good quality accommodation assessment

1. The commissioning authority or authorities need to organise to act as client for the work. A steering group should be set up which brings together key interests such as housing and planning, practitioners in the field and ideally Gypsies and Travellers themselves.

2. The assessment must be founded on a credible evidence base drawn from primary data. There needs to be a survey of a representative and sufficiently large sample of the local Gypsy and Travellers population and they need to be interviewed face to face.

3. Accommodation Needs Assessments should look at both the current shortfall in accommodation - most obviously evidenced by the presence of unauthorised camping - and projections of future growth as well. Real issues of overcrowding and suppressed household formation exist with the Gypsy and Traveller communities just as with the settled community. The assessment should identify this.

4. Estimates of household formation and population growth should be founded on primary data as much as possible, rather than on national multipliers that may not be applicable to the particular local population concerned.

5. It is absolutely vital that local Gypsies and Travellers are involved in all stages of the assessment to help secure trust and confidence in the process and the most effective outcome.

The new planning system as set out in Circular 1/2006 Planning for Gypsy and Traveller Caravan Sites will also ensure a systematic and comprehensive approach is taken to the assessment of housing needs and site provision and that sites are included in development plan documents.

The Circular introduces some key changes from the old system, namely:

a change to the definition of Gypsies and Traveller for planning purposes. The new definition recognises that Gypsies may stop travelling, either permanently or temporarily, for health or educational reasons or because of caring responsibilities
a requirement that local authorities identify suitable sites for Gypsies and Travellers in their development plan documents
an explanation of how local Accommodation Needs Assessments will assist local authorities to quantify the level of need and how the new planning system including the involvement of Regional Planning Bodies, will translate that need into allocations in the planning process
a section on local authorities' responsibilities under the Race Relations Act
the inclusion of advice on how local authorities should seek to engage with Gypsies and Travellers and build trust
the inclusion of advice to Gypsies and Travellers, and their representatives, as to how they should engage with the planning system

Registered Social Landlords

On 24 August 2006, an Order came into force which extends the permissible purposes of Registered Social Landlords (RSLs). This means that RSLs will be allowed to set up and manage Gypsy and Travellers Sites and receive grant to do so. RSLs will be able to bid for funding from the Gypsy and Traveller Sites Grant and the Housing Corporation will make these payments.

A copy of the order is available on the OSPI website at: www.opsi.gov.uk/si/si2006/20061968.htm (external link).

A Regulatory Impact Assessment and Race Equality Impact Assessment which were prepared to accompany the order are available below.

The Gypsy and Traveller Unit within Communities and Local Government is keen to encourage RSLs to enter the market as providers of caravan sites for Gypsies and Travellers. This includes being able to submit schemes for Gypsy and Traveller Sites Grant for development of new sites or improvement of existing sites.

In the January 2007 count, around 1 in 4 caravans were on unauthorised sites and it is clear that to reduce the problems of unauthorised sites, more authorised sites are needed. RSLs are experienced at providing services to communities which have traditionally been hard to reach and also disadvantaged. Communities and Local Government would like to harness that experience through the involvement of RSLs in site provision, working in partnership with local authorities to improve the supply and quality of socially rented sites.

The Unit recognises that for the vast majority of RSLs this is very new area and there may be a number of concerns amongst RSLs about entering the market for the provision of Gypsy and Traveller sites. Communities and Local Government has held discussions with interested RSLs, who will continue to act in an advisory capacity, along with the Housing Corporation, as to how we can support interested RSLs. Working together, Communities and Local Government, the Housing Corporation and RSLs can share ideas, concerns and best practice.

If you would like further details or to become involved in site provision or future discussions please contact: Roni.Fraser@communities.gsi.gov.uk.