Gypsy/Travellers - accommodation needs: evidence review

4. Current provision

The evidence base suggests that there continues to be a shortage of permanent sites for Gypsy/Traveller communities in Scotland and where sites do exist they can be of poor quality or do not adequately serve those living there (Craigforth & Engage Scotland 2018; Craigforth 2007). In 2018, research based on local authority data returns found that there were 29 sites across the country, provided by 19 local authorities and one social landlord (Craigforth & Engage Scotland 2018). When this data is compared to numbers from the last official count in 2009, when 31 sites were recorded, this represents a small reduction in site provision. The 2018 data returns also identified 25 private sites across the country. Together, these 54 sites provide a total of 613 pitches, the majority of which are let on a permanent basis. In addition to these sites, a total of 406 locations were found to have been used for unauthorised Gypsy/Traveller encampments over the last 3 years.

4.1 Public Gypsy/Traveller sites in Scotland

The study carried out by Craigforth and Engage Scotland identified a total of 29 public Gypsy/Traveller sites across Scotland, providing a total of 397 active pitches. This represents a reduction in public site provision of 62 pitches, a fall of -14% since 2008. However, it was noted that the overall supply of active pitches has remained largely unchanged since 2009. Site occupancy can also vary significantly across local authorities. The study found that 351 pitches are currently let, this compares to 259 households identified in the 2011 Census. As a result, the study suggests that the Census may have under-counted the number of households on public Gypsy/Traveller sites by 8-18% (Craigforth & Engage Scotland 2018).

The SHR requires all social landlords to include annual performance information in their Annual Return on the Charter (ARC). Where applicable, this includes details of the two Scottish Social Housing Charter Indicators specifically relating to official Gypsy/Traveller sites, namely weekly pitch rents and service user satisfaction with the landlord's management of the site. In 2018/2019 this return indicated that the average weekly rent charged per pitch varied from £48.50 to £91.80 per week, with an average rent per pitch of £69.52 a week (SHR 2019). This is a slight increase on the previous year where the average weekly rent per pitch was £68.06. The annual data return also measures the percentage of Gypsy/Travellers who are very or fairly satisfied with the management of their site, with an average of 79.3% expressing satisfaction in 2018/2019. However, as landlords are allowed flexibility in how this data is collected it is unclear how comparable this data is across different areas or how representative the results are for all service users of a site.

Under paragraph 11 of Schedule 1 to the Caravan and Control of Development Act 1960, a Gypsy/Traveller site run by a local authority does not need to have a caravan licence^[11]. However, many of the implied terms contained in Part 1 of Schedule 1 to the Mobile Homes Act 1983^[12] (which were amended by the Mobile Homes Act 1983 (Amendment of Schedule 1) (Scotland) Order (SSI 2013/219^[13])) do apply to tenancy agreements entered into by site tenants. This means that the terms of any tenancy agreement between site tenant and site owner should reflect these rights. For example, the rights include the right for a site tenant to be able, on request, to see documentary evidence for anything for which they pay the site owner and to have parts of the site for which the site provider is responsible maintained in a clean and tidy condition. The majority of the rights apply to those living on local authority and RSL Gypsy/Traveller sites and automatically apply to site tenants, these cannot be overridden (Scottish Government 2018d).

In 2015, the Scottish Government published guidance on minimum site standards Improving Gypsy/Traveller Sites: Guidance on minimum site standards and site tenants' core rights and responsibilities'^[14]. The minimum site standards cover two broad areas, setting physical standards for sites in relation to physical facilities and fabric (such as the quality of fixtures and fittings, lighting and heating), as well as core rights and responsibilities that should be reflected in tenancy agreements (Scottish Government 2015c). All those local authorities and RSLs providing sites were required to meet these standards by June 2018 (Scottish Government 2018d). However, research by the SHR found that by October 2018, 14 of the 27 sites assessed had not yet met the minimum standards (SHR 2018).

A recent study conducted by the National Panel of Tenants and Service Users (set up by the SHR) interviewed tenants of socially rented Gypsy/Traveller sites, conducting a total of 55 interviews across 10 sites. The study found that the majority of participants interviewed had concerns about their site. The most common of these related to the overall condition and cleanliness of sites as well as concerns around a lack of investment. This view was found to be even more prevalent on those sites which did not meet the minimum standards. It was recognised that although some sites had made improvements following the introduction of minimum standards, specific concerns persisted in relation to the condition of amenity blocks, limited facilities, heating and a lack of ventilation (SHR 2019a). Findings which accord with other studies in the literature (GREC 2017; Craigforth 2007; Home & Greenfields 2006). According to the SHR website in August 2019, 23 out of 28 sites now meet the minimum standards, although there are still five sites provided by four social landlords that do not^[15].

4.2 Private Gypsy/Traveller sites in Scotland

Data from 2018 indicates that there are 25 active private sites across Scotland, providing a total of 216 pitches. This represents a small increase from the 22 private sites reported by the last official count in 2009. Most of the local authority areas with private site provision are found to be relatively rural in nature, with the majority of private site provision in the centre and east of Scotland (Craigforth & Engage Scotland 2018).

The preference for privates sites amongst Gypsy/Traveller communities has been well documented in the literature (Planning Aid Scotland (PAS) 2019; EHRC 2015; Craigforth 2007). This was clear in a study carried out in the Glasgow and Clyde Valley area where it was concluded that although there was no significant unmet need, there was evidence of demand for more land for private sites to accommodate family groups (Clydeplan 2015a). Reasons for this preference are varied and can often differ depending on the individual preferences of each household. However, the need to maintain a sense of control over their choice of accommodation and the ability to decide for themselves whether or how they continue the travelling lifestyle has been cited as of fundamental importance to their sense of independence and autonomy (Parry et al. 2004). The importance placed on privacy was also found to be a significant factor in a preference for private sites (PAS 2019; Parry et al. 2004). In the Parry et al. (2004) study, this was attributed to the importance placed on cultural values around gender roles and for women, in particular, the need for privacy was closely linked to 'cultural rules' concerning women's behaviour with the opposite sex.

Other reasons private sites were seen to be preferable were because they were perceived to be without the neighbourly disruption from other families, and harassment from the local community that is often present on local authority/RSL sites (EHRC 2015). In particular, feuds between families were considered to be relatively common and in one study were found to increase the likelihood that families will move on from that location. Private sites were considered to avoid these issues (Craigforth 2007).

The importance of family in Gypsy/Traveller culture has been well documented in the literature (e.g. PAS 2019; Shelter 2008: Parry et al. 2004) and in this respect private sites were viewed by many Gypsy/Travellers as a practical way of ensuring that their children can access safe and secure site-based accommodation as they grow older and form families of their own (EHRC 2015). The ability to pass a site onto children not only provides a sense of security to those children but it also ensures access to the travelling lifestyle is maintained for the next generation.

4.3 Housed Gypsy/Travellers

It is generally agreed that in Scotland there are now more Gypsy/Travellers living in conventional housing than living on sites or unauthorised encampments. The 2011 Census confirmed this, with 85% of the Gypsy/Traveller population found to live in some form of conventional housing (Scottish Government 2015a). The data shows that Gypsy/Travellers were twice as likely to live in rented accommodation compared to the population as a whole, with two fifths (40%) living in social renting compared to one fifth (21%) of the wider population. Hence they were also half as likely to own their own home.

Source: National Records of Scotland, 2011 Census

There is limited evidence on the experiences of Gypsy/Travellers living in conventional housing in Scotland. They are largely invisible as a group and where the experiences of Gypsy/Travellers are researched, those in housing tend to be ignored. The evidence that does exist indicates that while some Gypsy/Travellers do choose to live in 'bricks and mortar' housing by choice, many are forced to through lack of authorised sites or because the sites that are available are of poor quality and fail to meet their needs (Welsh Government 2015; Shelter 2008; Craigforth 2007). A report produced by the Welsh Government suggested that housed Gypsy/Travellers may experience 'cultural aversion':- a struggle to adapt to living in conventional accommodation, leading to higher levels of anxiety and depression within the housed population (Welsh Government 2015) This view is broadly confirmed by studies that show that housed Gypsy/Travellers experience poorer health outcomes, either because they have been forced to move into conventional housing as a result of ill health or because once housed this has had an adverse impact on their health, particularly in relation to their mental health. High levels of harassment and discrimination; feelings of isolation and loss of support networks have also been reported amongst the housed population (Shelter 2008; Greenfields et al. 2007; Parry et al. 2004).

Other studies suggest that the move to housing is complex and can be influenced by a number of 'push' and 'pull' factors. These range from a lack of space on existing sites; disputes with other families, and official sites with unused pitches not being seen as a viable option. Other factors include wanting to improve their health circumstances, looking for a change and 'to have a break from relatives' (GREC 2009; Shelter 2008; Craigforth 2007). Given the small sample sizes in some of these studies, it is unclear to what extent these factors are prevalent in the wider Gypsy/Traveller community, but they do offer some insight into the motivations behind living in settled housing.

4.4 Planning

In 2019, the Scottish Government published a 10-point action plan, Gypsy/Travellers and the planning system^[16], which recognised that planning can play a vital role in ensuring that Gypsy/Travellers have safe and secure places to stop and settle. The action plan outlines key actions on accommodation needs, and recommends further research and engagement with Gypsy/Traveller communities to ensure they have a strong voice in guiding future development (Scottish Government 2019). Alongside this, the Scottish Government funded a project by Planning Aid Scotland (PAS) to increase awareness of the needs of Gypsy/Travellers in accessing the planning system. This resulted in five planning guides aimed at Gypsy/Travellers, planning professionals, elected members, community councillors and the media^[17]. Following the introduction of the Planning (Scotland) Act 2019, stronger engagement with Gypsy/Travellers in local development planning is now a statutory requirement^[18].

Research commissioned by the Scottish Government in 2018 identified a total of 88 planning applications for private Gypsy/Traveller sites across Scotland, with the majority of these being received between 2005 and 2018. Of the 88 planning applications, 35 were approved at the initial application stage, 34 were refused and a further 19 were pending or withdrawn. The majority of refused applications proceeded to appeal (29 of 34) and the majority of appeals were approved. This is equivalent to around half of all proposals refused at the application stage. In total 53 planning applications for Gypsy/Travellers sites were approved at application or on appeal, equivalent to 60% of all applications recorded (Craigforth & Engage Scotland 2018). These figures indicate the particular significance of the appeal process in achieving planning permissions, a fact which has been recognised by previous studies (EOC 2013; Brown, Niner & Lomax 2009; Home & Greenfields 2006)

Source: Craigforth Consultancy & Research and Engage Scotland (2018) Gypsy/Traveller Sites in Scotland

Reasons for refusal were published for 28 of the 34 applications which were refused at the application stage. These notices indicate that reasons for refusal most commonly relate to proposals being contrary to the Local Development Plan and Strategic Development Plan policies, and/or having an adverse impact on the character of the local area (Craigforth & Engage Scotland 2018). Other reasons for refusal found in the literature relate to local opposition from both local politicians and the settled community (Amnesty International 2012b; Greenfields et al. 2007).

4.5 Housing need and demand assessments

Local authorities report challenges in developing new sites, whether private or for rent, including issues in securing planning permission, identifying funding for new developments and determining what is likely to be needed in the future. Since the Housing (Scotland) Act 2001, local authorities have been required to carry out Housing Need and Demand Assessments (HNDA), which are required to consider the accommodation needs of Gypsy/Travellers. These are prepared by local and planning authorities to estimate need and form the basis of Local Housing Strategies and Development Plans.

Following updated guidance from the Scottish Government in 2018, there is now a requirement on Local and Planning Authorities to consult with Gypsy/Travellers or their representatives about their accommodations needs during the preparation of HDNAs (Scottish Government 2018a). Given the often strained nature of existing relationships with the local Gypsy/Traveller community, the extent to which this has been achieved is understood to be variable. Up to date data on the needs of Gypsy/Travellers is limited and current methods face challenges in adapting to assessing the needs of a nomadic and largely private community.

4.6 Unauthorised encampments

Unauthorised encampments are typically the result of Gypsy/Travellers stopping for a short period of time when travelling through or visiting an area. The Scottish Government recognises that Gypsy/Travellers have a right to their traditional way of life, but that right must be exercised responsibly, and be balanced against the rights of the wider community (Scottish Government 2017b). In acknowledgement of this, the Scottish Government published updated guidance on managing unauthorised encampments in 2017, following a review in 2014. The guidance is intended to assist local authorities to develop policies and strategies for responding to unauthorised sites, and outlines two basic principles which should be followed:

• Local authorities should seek to manage unauthorised sites to minimise disruption for all concerned and ensure that any anti‑social behaviour is tackled firmly, regardless of who the perpetrators are.
• The same standards of behaviour should be expected from all members of the community, whether Gypsy/Travellers or the settled community, based on mutual respect and with regard to the rights and responsibilities of all those concerned.

Reliable data on the number of unauthorised sites is scarce, as due to the nature of encampments the likelihood of undercounting is relatively high. However, comparing recent available data with figures from the last official count (although acknowledged to be unreliable), there appears to have been a 40% decrease in encampment activity since 2009 (Scottish Government 2018, 2009). Although it should be noted that more recent figures were unable include data from some local authorities and so true numbers are likely to be higher.

Some studies have suggested a correlation between a lack of appropriate site provision and traditional stopping places, and the number of unauthorised encampments (EHRC 2015). Seasonality has also been linked to an increase in numbers, with numbers tending to be higher in the summer months during the traditional travelling season, while lower numbers in the winter reflect caravans being put into store or sold, or in locations where they are not recorded (Home & Greenfields 2006; EHRC 2009). Local authorities have indicated that the number of encampments also fluctuates from year to year. Measuring encampment activity accurately will therefore require more trend information to determine if there is a sustained reduction in activity long-term.