Gypsies And Travellers

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BRIEFING PAPERNumber 08083, 9 May 2019Gypsies and TravellersBy Hannah CromartyContents:1. Who are Gypsies andTravellers?2. Inequalities experienced byGypsies and Travellers3. Racial discrimination4. Hate crime5. Accommodation6. Planning7. Unauthorised encampmentsand developments8. Health9. Education10. Employment and training11. Benefits and tax credits12. Criminal justice systemwww.parliament.uk/commons-library intranet.parliament.uk/commons-library papers@parliament.uk @commonslibrary

2Gypsies and TravellersContentsSummary41.1.11.21.31.41.5Who are Gypsies and Travellers?DefinitionHow many Gypsies and Travellers are there?Country of birthGender and ageHousehold composition2.2.12.22.32.42.52.6Inequalities experienced by Gypsies and Travellers17The Equality and Human Rights Commission17Ministerial Working Group on Gypsies and Travellers18Race Disparity Audit18Pilot projects to improve outcomes for Gypsies and Travellers 19House of Commons Select Committee reports20UK National Roma Integration Strategy21UN Committee on the Elimination of Racial Discrimination 233.3.13.23.3Racial discriminationThe Equality Act 2010Gypsies’ and Travellers’ experiencesHouse of Commons Women and Equalities Committee242424264.4.14.24.3Hate crimeWhat is hate crime?How does the legislation apply to Gypsies and Travellers?Government action282828295.5.1AccommodationAccommodation type and tenureNumber of Traveller caravansTraveller sitesTypes of sitesSite residents’ rights and responsibilitiesEnvironmental conditions on sitesAssessment of Gypsy and Traveller housing needsHomelessness legislation313132323233333435PlanningPlanning policyDefinition of Traveller for planning policyThe Traveller Movement reactionNational Planning Policy Framework 2018Intentional unauthorised occupation of landRecovery of planning appeals in the Green BeltPlanning enforcementTraveller site provisionFurther measures to increase Traveller site provision36363737384040414144Unauthorised encampments and developmentsNumber of unauthorised Traveller sitesPowers to deal with unauthorised Traveller sitesNegotiated StoppingReview of powers to deal with unauthorised Traveller .27.3101011151516

3Commons Library Briefing, 9 May 20197.47.5Proposals to strengthen powers to deal with unauthorisedTraveller sitesStronger police powersSupport for local authoritiesReactions to the Government’s proposals505051528.8.1HealthPolicies to address health needs54569.9.1Education61Educational attainment61Higher education61School attendance62School admissions64School exclusion64Funding educational services for GRT children65Government action to support education of GRT children andyoung people65House of Commons Women and Equalities Committee inquiryreport – recommendations on education66A Good Practice Guide for improving outcomes for Gypsy,Roma and Traveller Children in education679.29.39.49.59.69.79.810. Employment and training10.1 EmploymentType of economic activityReasons for economic inactivityOccupation10.2 Training10.3 Policies to increase employment levels6868686969707111. Benefits and tax credits11.1 Impact of welfare reform727212. Criminal justice system7512.1 David Lammy Review of the treatment of, and outcomes for,BAME individuals in the criminal justice system7512.2 Adult prisons7612.3 Youth justice77Contributing Authors:Casie Barton - SGSJenny Brown - HAS - S.4, 7 & 12Gabrielle Garton Grimwood - SES - S.6Steven Kennedy - SPS - S.11Andy Powell - EPAS - S.10Tom Powell - SPS - S.8Nerys Roberts - SPS - S.9Cover page image copyright: “LB Camden 105 Carol Street Traveller Site” RichardCracknell, 9 Sept 2017

4Gypsies and TravellersSummaryThis House of Commons Library briefing paper focuses primarily, thoughnot exclusively, on issues and policies relating to Gypsies and Travellersin England. The devolved administrations have their own policies inareas where responsibility is devolved.Who are Gypsies and Travellers?The term ‘Gypsies and Travellers’ is difficult to define as it does notconstitute a single, homogenous group, but encompasses a range ofgroups with different histories, cultures and beliefs including: RomanyGypsies, Welsh Gypsies, Scottish Gypsy Travellers and Irish Travellers.There are also Traveller groups which are generally regarded as ‘cultural’rather than ‘ethnic’ Travellers. These include ‘New’ (Age) Travellers andoccupational travellers, such as showmen and waterway travellers.Historically there has been a lack of robust data on Gypsy and Travellercommunities. For the first time, the 2011 Census included an ethniccategory to collect data on Gypsy, Traveller and Irish Travellercommunities. In total around 63,000 people in the UK identifiedthemselves as members of these groups, of which 58,000 were living inEngland and Wales. The South East region of England had both thelargest number of Gypsies and Irish Travellers and the largest numberper 10,000 people. However, other sources suggest the 2011 Censusfigures may be underestimates.Inequalities experienced by Gypsies and TravellersGypsies and Travellers experience some of the worst outcomes of anygroup, across a wide range of social indicators. The Equality and HumanRights Commission (EHRC) has published a number of reportshighlighting the multiple inequalities experienced by Gypsies andTravellers. An EHRC review in 2015 concluded that the life chances ofGypsies and Travellers had declined since the Commission’s previousreview in 2010. The contributory factors are complex and often interrelated, but may include deprivation, social exclusion and discrimination.The Coalition Government set up a Ministerial Working Group inNovember 2010 to look at ways to reduce and tackle the inequalitiesexperienced by Gypsies and Travellers. The Ministerial Group publisheda Progress Report in April 2012 which included 28 commitments fromacross Government intended to help mainstream services work moreeffectively with the Gypsy and Traveller communities. The Governmentpublished a further summary of progress against each of thecommitments in November 2014.In October 2017 the Cabinet Office published an overview of the mainfindings from the first release of data from the Race Disparity Audit. Theanalysis is intended to increase understanding of the disparities betweenethnic groups and inform policies to address them.

5Commons Library Briefing, 9 May 2019Following on from the Race Disparity Audit, the Government hasprovided 200,000 to fund up to six community-led pilot projectsintended to improve outcomes for Gypsy, Roma and Travellercommunities in the areas of educational attainment, health and socialintegration. These pilot projects will be delivered in 2018/19.The House of Commons Women and Equalities Select Committeepublished the report on its inquiry on Tackling inequalities faced byGypsy, Roma and Traveller communities on 5 April 2019. TheCommittee concluded that there had been a persistent failure bynational and local policy makers to tackle long standing inequalitiesfacing Gypsy, Roma and Traveller communities in a sustained way. Thereport made 49 recommendations for change.Racial discriminationThe Equality Act 2010 protects people from discrimination in theworkplace and in wider society. Romany Gypsies, Scottish Travellers andIrish Travellers have been declared by the courts to be protected as“races” under the Act.Nevertheless, Gypsies and Travellers continue to face high levels of racialdiscrimination, contributing to and exacerbating the inequalities theyexperience.Hate crimeIn July 2016 the Government published a plan for tackling hate crime,setting out actions to: prevent and respond to hate crime; increasereporting of hate crime incidents; and improve support for victims. In anupdate to the plan, published in October 2018, the Governmentcommitted to refresh the hate crime reporting website True Vision andfund projects to support Gypsy, Roma and Traveller communities torespond to hate crime.The Traveller Movement has campaigned to raise awareness within theGypsy and Traveller communities about hate crimes and the need toreport them.AccommodationMany Gypsies and Travellers now live in settled accommodation and donot travel, or do not travel all of the time, but nonetheless considertravelling to be part of their identity. At the 2011 Census, the majority(76%) of Gypsies and Irish Travellers in England and Wales lived inbricks-and-mortar accommodation, and 24% lived in a caravan or othermobile or temporary structure.The total number of Traveller caravans in England in July 2018 was22,662, an increase of 29% since July 2008. The majority (57%) ofcaravans were on private sites, 29% were on sites operated by localauthorities and registered providers of social housing, and 14% were onunauthorised sites. Studies have raised concerns about environmentalconditions on some Traveller sites. The House of Commons Women andEqualities Committee has called for action to improve standards.

6Gypsies and TravellersLocal authorities are no longer required to carry out a specific, separateassessment of the accommodation needs of Gypsies and Travellers intheir local area, although they still have a general duty to assess thehousing needs of everyone in their area.PlanningResponsibility for planning for the provision of sufficient Gypsy andTraveller sites in England lies with local authorities, who are best placedto assess the needs of their communities. It is widely acknowledged,though, that there is a national shortage of suitable permanent andtransit Traveller sites.The Government’s Planning Policy for Traveller Sites encourages localauthorities to: formulate their own evidence base for Gypsy andTraveller needs; provide their own targets relating to pitches required;and identify a suitable five-year supply of sites to meet those needs. Thedecision to change the definition of ‘Traveller’ for planning relatedpurposes, so that it excludes those who have permanently ceasedtravelling, has attracted criticism from the community.There are challenges in turning evidenced need for accommodation intothe provision of new sites, including acquiring appropriate land andovercoming objections from local residents. Research by Gypsy andTraveller organisations in 2016 concluded that local authorities hadmade insufficient progress in identifying a suitable five-year supply ofsites. The advocacy group Friends Families and Travellers (FFT) has calledon the Government to re-introduce targets and a statutory duty to meetthe assessed accommodation needs of Gypsies and Travellers.The National Planning Policy Framework (NPPF) was revised and updatedin July 2018, with some further minor amendment in February 2019.The update added Travellers who do not meet the definition within thePlanning Policy for Traveller Sites to the list of those groups whose needfor homes should be identified.The Government has said that it will consider writing to those localauthorities that do not have an up-to-date plan for Travellers in place, toexpedite the requirements of national planning policy, and highlightexamples of good practice.Unauthorised encampments and developmentsIn July 2018, there were 3,093 caravans on unauthorised sites. Of these,2,149 caravans were on land owned by Travellers and 944 caravanswere on land not owned by Travellers. The number of caravans onunauthorised sites fell by 17% from July 2017 to July 2018. Theproportion of Traveller caravans on unauthorised sites has fallen from22% in July 2008 to 14% in July 2018.Unauthorised sites are frequently a source of tension between thetravelling and settled communities. Public bodies have a range ofpowers to deal with unauthorised sites. However, there are concernsthat unauthorised development and encampments remain a significantissue.

7Commons Library Briefing, 9 May 2019In April 2018, the Government launched a consultation on powers fordealing with unauthorised development and encampments. TheGovernment’s consultation response, published on 6 February 2019,announced a package of measures “to achieve the Government’soverarching aim of fair and equal treatment for travellers, whilerespecting the interests of the settled community”. The measuresinclude: stronger powers for the police to respond to unauthorisedencampments; practical and financial support for local authorities to deal withunauthorised encampments and developments; support for traveller-site provision; and support for the travelling community to improve life chances.The Government intends to publish further consultations on policepowers and options for strengthening policy on intentionalunauthorised development. It will also review whether to makedeliberate trespass a criminal offence.Health needsA number of studies have identified the poor health experiences ofGypsy and Traveller groups compared with the general population,including higher rates of mortality, morbidity and long-term healthconditions, low child immunisation levels, and a higher prevalence ofanxiety and depression. A range of factors, such as pooraccommodation, discrimination, poor health literacy, and a lack ofcultural awareness and understanding by health professionals of Gypsyand Traveller health and social needs, are thought to create barriers toaccessing healthcare.The National Inclusion Health Board has called for more joined upworking by local authorities, the NHS and responsible health agencies,and local public health services to improve the health outcomes ofGypsies and Travellers. It also emphasised the importance of buildingcommunity cohesion in order to develop a healthy and sustainableenvironment for the Traveller community. The Royal College of GeneralPractioners has published a toolkit on commissioning for sociallyexcluded groups. NHS England has published a leaflet for Gypsy andTravellers communities to explain how they can register with a doctor.The Government has commissioned research to investigate approachesto community engagement that are most likely to enhance trustbetween Gypsy and Traveller communities and health services. TheHouse of Commons Women and Equalities Committee has made anumber of recommendations to improve health policy and serviceprovision for Gypsy and Traveller communities.EducationChildren from Gypsy and Traveller communities attain and progresssignificantly below the national average throughout compulsory

8Gypsies and Travellerseducation. In 2018, 19% of pupils from Irish Traveller backgrounds and13% from Gypsy and Roma backgrounds attained GCSEs in English andMaths at grade 4/C or above, compared to 64% of pupils nationally.Gypsy and Traveller pupils also have a high rate of school exclusions andreport high levels of bullying and racial abuse.Children who are travelling may be dual-registered (ie. on the roll ofmore than one school at the same time), may enrol at a school at theircurrent location, or may be home educated. Local authorities arerequired to have a Fair Access Protocol to help place children who needa school place outside the normal admissions rounds. Department forEducation guidance stresses the importance of providing additionalsupport to address the needs of children from groups at higher risk ofexclusion.Employment and trainingThe 2011 Census found that Gypsy or Irish Traveller was the ethnicgroup with the lowest employment rates and highest levels of economicinactivity. Of those who were economically active, Gypsies and IrishTravellers were more likely to be unemployed (20%) and self-employed(25%) than the general population in England and Wales.Over half of economically inactive Gypsies and Irish Travellers wereeither looking after the home or family (31%) or were long term-sick ordisabled (28%). Inactive Gypsies and Travellers were significantly lesslikely to be students or retired than the general population.There is evidence that Gypsies and Travellers face barriers in accessingemployment. The Coalition Government implemented measuresintended to increase Gypsy and Traveller access to mainstreamemployment services, and to improve data collection on Gypsies andTravellers.180 apprenticeships were started by Gypsies or Irish Travellers in the2017/18 academic year, 0.05% of all apprenticeships. The ‘5 CitiesProject’, launched in February 2018, aims to increase the number ofpeople in underrepresented groups who take up apprenticeships.Benefits and tax creditsVery limited information is available on receipt of benefits and taxcredits by Gypsies and Travellers. 2011 Census data suggests higherlevels of need among the Gypsy and Traveller community comparedwith the population as a whole. Anecdotal and qualitative evidence, onthe other hand, indicates that historically, Gypsies and Travellers havemade little use of Jobcentre Plus services, and may have a cultural biasagainst claiming out-of-work benefits.Major changes to the benefits system are currently underway, andgroups representing Gypsies and Travellers are concerned that welfarereforms “pose a significantly greater risk of negatively impacting onGypsies and Travellers”.

9Commons Library Briefing, 9 May 2019Criminal justice systemThere are problems establishing exactly how many Gypsies andTravellers are in prison or in the youth justice system. However, a reportby HM Inspectorate of Prisons, published in 2014, found that prisonerswho identified as Gypsy or Traveller were significantly over-representedin the prison population and were more likely to have concerns abouttheir safety and to have suffered victimisation. There is also evidencethat Gypsy and Traveller children are significantly over-represented inthe youth justice system.An independent review, chaired by David Lammy MP, investigated thetreatment of, and outcomes for, Black, Asian and Minority Ethnic(BAME) individuals in the criminal justice system. The final report of thereview, published on 8 September 2017, set out 35 recommendationsto reform the system. The Government’s response to the reviewcommits to publish more and better data on race and ethnicity wherepossible. It has set up a Race and Ethnicity Board, chaired by theMinistry of Justice, to monitor implementation of the recommendations.

10 Gypsies and Travellers1. Who are Gypsies andTravellers?1.1 DefinitionThe term ‘Gypsies and Travellers’ 1 is difficult to define as it does notconstitute a single, homogenous group, but encompasses a range ofgroups with different histories, cultures and beliefs including: RomanyGypsies, Welsh Gypsies, Scottish Gypsy Travellers and Irish Travellers.The Traveller Movement states that:Irish Travellers and Romany Gypsies are an indigenous minorityethnic group, documented as being part of Irish and British societyfor centuries. Their distinctive way of life, values, culture andtraditions manifest themselves in Traveller ‘nomadism’, thecentrality of the extended family, their own language and theentrepreneurial nature of their economy. Travellers traditionallytravelled to seek work to survive. 2Many Gypsies and Travellers now live in settled accommodation and donot travel, or do not travel all of the time, but nonetheless considertravelling to be part of their identity.There are also Traveller groups which are generally regarded as ‘cultural’rather than ‘ethnic’ Travellers. 3 These include ‘New’ (Age) Travellers andoccupational travellers, such as showmen (fairground and circus people)and waterway travellers.RomaAt the European level the term ‘Roma’ covers a wide range ofcommunities. According to the European Commission:Roma is the term commonly used in EU policy documents anddiscussions, although it encompasses diverse groups that includenames like Roma, Gypsies, Travellers, Manouches, Ashkali, Sintiand Boyash. 4In the UK the term ‘Roma’ is generally used for people of Roma originwho have come to the UK from Central and Eastern Europe in recentyears, particularly following the end of the Cold War and successiveenlargements of the EU in 2004 and 20

9.5 Funding educational services for GRT children 65 9.6 Government action to support education of GRT children and young people 65 9.7 House of Commons Women and Equalities Committee inquiry report – recommendations on education 66 9.8 A Good Practice Guide for improving outcomes for Gypsy, Roma and Traveller Children in education 67 10.

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