A landmark Court of Appeal judgement released today has criticised Bromley Council's use of wide injunctions to ban Gypsy and Traveller encampments.

Bromley, backed by seven other local authorities, appealed a High Court ruling made in May which overturned their move to stop travellers staying on public land in the borough.

The appeal was dismissed today, as judges held that “borough wide injunctions are inherently problematic” and they “comprise a potential breach of both the European Convention on Human Rights and the Equality Act."

Debby Kennett, Chief Executive of campaign group London Gypsies and Travellers, said: “We are extremely pleased with this result and proud to have been involved in such an important case which advances the recognition and protection of the nomadic way of life in the UK.

“The judgment sets a high standard for councils seeking injunctions and stresses the need to put in place adequate and safe provision.

"We are keen to work with councils to explore alternatives to evictions and injunctions, such as negotiated stopping.”

The ruling is a significant blow to the Council, which has been locked in dispute with traveller activists since it first successfully obtained a court injunction in August 2018, forbidding "persons unknown” from occupying public land in the borough.

The Council argued that injunctions are necessary to prevent "illegal" camps taking over green spaces and parks.

London Gypsies and Travellers successfully challenged the injunction in May, arguing that it unfairly targeted the group.

It was instead ruled that the scope of the injunction would be vastly reduced, to include just fly-tipping or dumping waste.

The latest ruling has major implications for local authorities who have, or are seeking, similar bans, and potential ramifications for the government’s proposal to criminalise trespass.

Judges emphasised that existing legislation and case law “make plain that the Gypsy and Traveller community have an enshrined freedom not to stay in one place but to move from one place to another”.

The Court of Appeal provided guidance to local authorities contemplating seeking a wide injunction.

Such authorities should provide evidence showing what other suitable and secure alternative housing or transit sites were available, and assess what impact an injunction might have, taking into account the specific needs of the community.

London Gypsies and Travellers intervened in the proceedings before the High Court and Court of Appeal with legal representation, substantially pro bono, from Marc Willers QC and Tessa Buchanan of Garden Court Chambers and Chris Johnson from the Community Law Partnership.

Commenting on the decision, Marc Willers QC of Garden Court Chambers said: “Very importantly, the Court of Appeal has stated in this judgment that an injunction which prevents Gypsies and Travellers from stopping at all in a defined part of the UK comprises a potential breach of both the European Convention on Human Rights and the Equality Act.

"Given that finding, it is difficult to see how the government can possibly justify its proposal, which is currently out to consultation, to criminalise trespass.”