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Update
Education
Security of Tenure
Update Nov - Dec 2011
Update October 2011
CLG-The Ministerial Working group expects to publish a progress report by the end of the year 2011, this will include an education strand. Planning for Traveller Sites will go into National Planning Framework-one document covering Planning system; the government view is that the intention is to simplify the planning system; the consultation responses should be taken into consideration for the publication of the report, and be on Dept. website./ NML No Mad Laws Petition - See Documents/ Education- Department of Education, Underperforming Groups Team; Consultations being considered autumn 2011-School Funding reform; Admissions policy being reviewed ; NB no pupil Premium for GRT-based on poverty and socio-economic need;/ See APPG; See also documents re. Dale Farm.
Update - Summer 2011 - August/September 2011
- Legal Aid, Sentencing and Punishment of Offenders Bill: Read SCYS briefing for the Bill: http://www.scyj.org.uk/files/SCYJbriefing LASBHC2R.pdf
http://services.parliament.uk.bills/20-11/legalaidsentencingandpunishmentof offendres.html
NOTE - Petitions: To The House of Commons - The Petition of the Community Law Partnership on behalf of Gypsies and Travellers declares that the Legal Aid, Sentencing and Punishment of Offenders Bill, if brought into force, will have disastrous effects on the provision of advice and representation to Gypsies and Travellers on accommodation issues. Gypsies and Travellers are one of the most disadvantaged groups in the United Kingdom. The bill denies them access to the legal advice and assistance which is available to any other group. It is due to the failures of successive central and local governments to ensure adequate site provision, that some 25% of the Gypsy and Traveller population who live in caravans are on unauthorized encampments and unauthorized developments. This is through no fault of their own. The petitioners therefore request that the House of Commons urge the Government to ensure that Legal Aid in the Legal Aid, Sentencing and Punishment of Offenders Bill is available for Gypsies and Travellers to defend evictions from unauthorized encampments and to be advised and represented in County Court and high Court planning matters.
No Mad Laws - Government must ensure that Gypsies and Travellers have access to legal advice and assistance just as any other group does. For further information please contact the Travellers Advice team, at Community Law Partnership, 4th Floor Ruskin Chambers, 191 Corporation Street , Birmingham B46RP Tel-01216858595 Email: office@communitylawpartnership.co.uk
See: CLP-Advice and Representation to Gypsies and Travellers-Briefing Summary. Paper - Evidence from CLP. Evidence can be submitted to the Scrutiny Unit at scrutiny@parliament.uk
Gill Brown LGTU and Cathay Birch Gypsy message Board are in charge of the on-line petition. They are also organizing a formal petition to the House of Commons. Siobhan Spencer of DGLG and the National Federation, and Helen Jones of Leeds Gate have organized a campaign-postcard to your MP.
See: Letter to the Times; letter to the Secretary of state DCLG
- DCLG: Government’s draft planning policy for Traveller Sites ended on the 3rd August, and a new Planning Policy Statement will be published following due consideration of the consultation responses. The Government is also consulting on the draft National Planning Policy framework until 17th October. As part of the consultation, DCLG asks for views on the consistency of the draft Framework. The new Planning Policy Statement will be reviewed in the light of all comments received, and incorporated into the final National Planning Policy Framework .http://www.communities.gov.uk/publications/planningandbuilding/draftframeworkconsultation
- Consultation paper: Options for Dealing with squatting, published13th july2011. The consultation period will run until 5th October. http://www.justice.gov.uk/consultations/dealing-with-squatters.htm. There is a meeting on Wednesday 14th September at the Ministry of justice, London. Contact-Yvonne Murray Criminal Law Policy Unit . Tel: 02033345008
See-CLP draft response to Ministry of Justice.
Update - Summer 2011 (April - June 2011)
- Note: Decentralisation and the Localism Bill
www.communities.gov.uk
Enquiries to: Department for Communities and Local Government, Eland House, Bressendon Place , London SW1E 5DU
Telephone: 03034440000
SEE Communities and Local Government, Planning for Traveller Sites, Consultation. www.communities.gov.uk
Date of publication 13th April 2011, End date 6th July 2011.
The Consultation seeks views on a new draft planning policy statement for Traveller sites. The final statement will replace current policy set out in Circular 01/06: Planning for Gypsy and Traveller caravan sites, and Circular 04/07: Planning for Travelling Showpeople.
SEE: Local Government press release 13th April 2011- Ministerial foreword – Right Honourable Eric Pickles MP, Secretary of State DCLG.
TLRP notes available from TLRP, electronically, Author-Steve Staines.
Note: meeting 14th July 2011 to discuss response to consultation. Venue Birmingham TAT.
- Report: A Big or Divided Society? Final Recommendations and Report of the Panel Review into the Coalition Government Policy on Gypsies and Travellers.
The Report was compiled, written and edited by: A.Ryder, T.Acton, S.Alexander, S.Cemlyn, P.Van Cleemput, M.Greenfields, J.Richardson, and D.Smith.
Parliamentary Launch-the report was launched at a reception at Westminster Hall, 11th May 2011.
Contact: Travellers Aid Trust or Download report here: http://www.travellersaidtrust.org/big_or_divided_society.pdf
- Metropolitan Police Gypsy and Traveller Independent Advisory Group.
A meeting was held on 14th April 2011 of the MPA of the Equality and Diversity Sub-Committee. There was a focus and discussion on the equality and diversity dimensions of the particular areas of police business, including service delivery to Gypsy and Traveller communities.
- EHRC-Report ‘From Local Voices to Global Audience: Engaging with the International Convention on Equalities and Human Rights.
www.equalityhumanrights.com
International Convention on the Elimination of all Forms of Racial Discrimination [ ICERD].
Note: submission of Equality and Human Rights Commission to the Committee on Britain,s compliance with the Convention…ICERD.
Also note: The Convention on the Rights of the Child; and Equality Act 2010.
To view report published in January 2010 see http://www.parliament.uk/speakersconference.
http://www.equalityhumanrights.com/uploadedfiles/triennielreview/howfairisbritain ch14.pdf
EHRC2009 Simple Solutions Report: http://www.equalityhumanrights.com/key-projects/good-relations/gypsies-and-travellers-simple-solutions-for-living-together
- Children’s Rights Alliance for England [CRAE] Report: Doing Right by Children-Making a Reality of Children;s Rights in the Family and Juvenile Justice.
www.crae.org.uk
The UK ratified the Convention on the Rights of the Child in December 1991, and took on legal obligations under international law to make a reality of these rights for all children.
There is now a coalition government, comprising the political party that ratified the Convention 20 years ago, and another that during the 2010 general election, made an historic pledge to make the Treaty part of UK law.
The Report aims to set out the parameters of what can be done and achieved in adopting a rights – based approach to the family and juvenile justice.
- Travellers in Prison Research Project-Report June 2011.
Briefing: Voices Unheard - Context - Since 2003 HM Prison Service has been aware of the failure to deal with the needs of Irish travellers in prison in England and Wales. Irish Travellers suffer hardship in prison. Low levels of literacy, limited access to services, and discrimination, disproportionately affect Travellers.
Content - The report highlights the following:
- There is no effective, overall strategy in prisons for monitoring Irish Travellers as a separate group or as part of a broader Irish Traveller /Gypsy category.
- Irish Travellers represent between 2.5% and 4% of the minority ethnic prison population.
- 60% of Irish Traveller prisoners were identified as requiring basic educational intervention.
46%of all rish Traveller prisoners are young adults, between 18 and 21 years of age.
Recommendations:
Prisons should introduce an effective process for monitoring the Irish Travellers in prison
- Prisons with five or more Travellers in custody, should facilitate regular meetings to access appropriate resources.
- There should be a Traveller representative involved in reception, induction, monitoring and delivery of services.
- Cultural awareness, equality and diversity training for staff should include information on Traveller culture.
- Prisons should implement education programmes which are culturally suitable, such as the peer mentoring programme - Toe by Toe.
- PMQ - asked by Baroness Whitaker 16th March 2011:Column WA71
- House of Lords-written answers 14th July 2011 Column WA139
http://services.parliament.uk/hansard/commons/bydate/20110516/written answers/part013.html
- Letter from Andrew Stunell MP – Under Secretary of State, DCLG, to, Secretariat, APPG GRT – April 2011
- SEE Notes: Reports by Chris Johnson for APPG meeting April 2011-Submission to CLG-Planning for Traveller Sites; Localism Bill and Housing Act
TLRP Steve Staines - Survey by the TLRP of Local Authority representations by Gypsies, Travellers and Gypsy/Traveller community and voluntary organisations. Steve Staines - My 2011
Steve Staines - TLRP - draft consultation response to ‘Planning for Travellers‘ consultation.
- Note: Letter to Thomas Hammerberg, Commissioner for Human Rights, Council of Europe.
SEE: Annual Report on Human Rights In Europe; Ministry of Justice press notice, 18th March 2011-06-15
Update - Spring 2011
Note
- Letter in support of submissions to Ministry of Justice re: Consultation on Legal Aid Reform.[Community Law Partnership; Steve Staines.
- Letter to Law Commission-Eleventh programme of Law reform Consultation
- NATT conference March 2011
- Department for Education –Notes available from TLRP/ links to ACERT and NATT
- TLRP Steering Group structure –memorandum
- Statutory Instruments applying to Mobile Homes Act-see Note Spring 2011. http:www.legislation.gov.uk/ukdsi/2011/9780111505991/contents
http://www.legislation.gov.ukukdsi/2011/9780111506011/contentsThe legislation can be read alongside the summary of consultation responses:
http://www.communities.gov.uk/planningandbuilding/travellers/
- Conference [nsa] Delivering Services for Gypsies and Travellers to access slides and recorded presentations. Contact TLRP for more
- The Children’s Society-contact: 02078414400
- Children’s Rights Alliance England[CRAE]-: http://www.crae.org.uk
- Third Visit of the Advisory Committee on the Framework Convention for the Protection of National Minorities to the UK-March 7-11 2011
- Link to Department for Communities and Local Government/NB-Cross Departmental Meeting
- Panel Review of Government Policy on Gypsies and Travellers –House of Lords 3-4 February2011-report due in April 2011
- Monitor Decentralisation and Localism Bill[see notes from Steve Staines TLRP]
- The Schools White Paper 2010 - SEE DfE website
Education
Late summer update 2011
- Children’s Rights Alliance for England-drafting State of children’s rights Report for 2011
- EHRC-the Commission has submitted a shadow report on the UKs compliance to the recommendations of the Committee on the Elimination of Racial Discrimination[CERD] .The examination of the UK will be on 23&24 August 2011, delegates from the Commission will attend. – http://www.equalityhumanrights.com/human-rights/international-framework/international
-convention-on-the-elimination-of-all-forms-of-racial-discrimination/
- Commission on a Bill of Rights-in March 2011 the UK Government established a Commission on a Bill of Rights, to investigate the creation of a UK Bill of Rights. The Commission has launched a discussion paper-Do We Need a UK Bill of Rights? The paper is available on the Commission’s website: http://www.justice.gov.uk/about/cbr/index.htm the deadline for response is 11th November 2011 .The document summarises the historical development of Human Rights protection in the UK.
- Consultation on the Role of the Children’s commissioner-http://www.education.gov.uk/consultations/index.cfm?action=consultationDetails&consultationld
=1761&external=no&menu=1
- NB-Under Article 27 of the Convention of the Rights of the Child, the UK Government, is required under international law to ensure the right of all under 18s to a ‘standard of living adequate for the child’s physical, mental, spiritual, moral and social development-what is fundamental to the realization of this Right?
- Education Bill- http://services.parliament.UK/bills/2010-11/education.html
- Health and Social Care Bill- The Health and Social Care Bill proposes several new and replacement mechanisms by which the public will be informed about , and engaged in , health decision making. The Bill was sent back to Committee stage in the Commons following further public consultation by the NHS Future Forum. Public and patient engagement with decision making, should have been strengthened, including a new requirement that Health Watch membership is representative of different service users. Commissioning Boards and Clinical commissioning groups, will also have a duty to promote patient involvement. The Government’s response to the NHS Future Forum report: http://www.dh.gov.uk/en/Publicationsandstatistics/Publications/PublicationsLegislation/DH127868. Follow the Bill’s progress through parliament: http://services.parliament.uk/bills/2010-11/healthand socialcare.html
June Update 2011
Baroness Whitaker – oral Question [number3], Wednesday 4th May in the Lords: To ask HMG how they will address the shortfall in the provision of the Teachers Education Service for Gypsy, Roma and Traveller children?
Notes: In the 1990's/70's struggles for rights and sites, education support and services-emergence of TESs.
1990's, Eastern European Roma – arriving in UK-ALL communities benefit from TESs support.
Mainstreaming TESs-support education access/achievement.
Two of the communities are recognised minority ethnic groups under the terms of the Race Relations Act 2000 - Romani Gypsies and Irish Travellers. In Scotland there has been recognition since 2008 of the ethnicity of Scottish Travellers.
All Public bodies including cshools, LAs, parish councils and police forces have a statutory general duty to have due regard to the need to:
- eliminate unlawful discrimination
- promote equality of opportunity
- promote good race relations between persons of different racial groups.
The number of GRT pupils recorded accurately by schools census is very low due to fear of discrimination.
SEE: The Education of Gypsy Roma and Traveller Children in 2011 -A NATT report – Author - Anne Walker - February 2011
Document: Draft - Information passport/Record of achievement
Contact: Narrowing the Gaps Team, Pedagogy and Practice, Department of Education. www.education.gov.uk
Spring Update 2011
Note
- Introduction of Pupil Premium
- Education Endowment fund
- Review of Ofsted Reporting Framework
- Review of National Curriculum
- Review of Vocational Education
- NB-Ethnic minority Achievement Grant
- £201m available to schools via the Dedicated Schools grant from April 2011
- Allocations to schools to be agreed with the Schools Forum
- LAs may retain some or all of the grant to operate a centralized EMA/TES with Schools Forum permission
- No ringfence-may be used to support other underperfofming groups
- Wolfe review of 14-19 and Vocational Education
November Update
- In October 2010 the TLRP responded to a Government Consultation –The Future Distribution of School Funding –Introducing a Pupil Premium. The response emphasized that issues around access and achievement in education for Gypsies Roma and Traveller children and young people, be addressed appropriately and urgently by Government. [The document is available from TLRP]
- Also note: ACERT conference 5th November 2010
- Research Brief: http://www.education.gov.uk/research/data/uploadfiles/DFE-RB043-WEB.pdf
- Research report http://www.education.gov.uk/research/data/uploadfiles/DFE-RR043-WEB.pdf
- On Monday 11th October 2010, London travellers and supporters gathered at the City hall, to protest the Mayor’s decision to delete the policy 3.9 in the London Plan, which set targets for building Traveller pitches, on the day evidence on this policy was to be heard at the Examination in Public[EiP].
Also, it was highlighted that 500 Travellers responded to the Consultation on the London Plan - 50% of all community responses on the whole London Plan.
John Biggs GLA Assembly member, said a few words, followed by a procession/march, with pony and trap, a representation of a Traveller's caravan, Boris bikes, and Travellers and supporters walking a route to Bermondsey.
The main message -
Travellers are Londoners too/ Boris you are our Mayor, why aren't you representing us?
A very successful day!
- Note-Roma Support Group-contact: PO Box 23610, London E70XB
e.mail: London@romasupportgroup.org.uk
- Coalition Government - forthcoming legislation
In Brief
Traveller Education Services were established in local authorities around the country in order to address the issues underpinning Traveller children accessing education.
Mechanisms for funding varied from the 1970’s onwards through No Area Pool arrangements, Bids to the Department for Education for matched grant funding, to local authorities having amounts of money for a range of groups including Travellers.
TESs have been specialist teams, addressing the needs of Traveller children and young people from 0-19years. They have supported schools, and worked in partnership with other agencies, and most importantly have been a key liaison link with the Traveller communities.
There has been a major shift in the way services are organised and delivered, although the specific character varies between local authorities.
At a national and local level there is a mainstreaming agenda which will result in the loss of specialist expert services with Good Practice being embedded in schools, and guidance being available from government departments. This will
be linked to funding going to schools.
Fore more references on this subject, please see the May 2010 newsletter
On 15th March 2010 the Department for children, schools and families launched a Consultation on the future distribution of school funding. (Responses due June 2010). The consultation seeks views on the future distribution of school funding 2011-12.
The intention is to return to a formula based approach to distributing Dedicated School Grants (DSG) to local authorities. The consultation sets out the principles of a new formula and seeks views on the options for distributing funding for the formula factors.
The aim of the new formula is to distribute resources in line with defined relative need, recognising the different costs of educating particular groups of pupils and of providing education in different areas.
There is a proposal to mainstream the following specific grants into the DSG:
Dedicated schools grant: School development grant (devolved) excluding specialist schools grant (personalisation); school lunch grant; Ethnic minority achievement grant; extension of the early years free entitlement; and extended schools – sustainability and subsidy.
Local authorities should pass on to schools funds made available nationally that are aimed at tackling deprivation.
Traveller Education Services are affected by the inclusion in mainstreaming into DSG and already being funded within general grants or local authorities. There will be a move to a single needs based formula. The intention is to give further control to schools and local authorities, inline with the principles of the White Paper, Smarter Government.
It is schools which will have funding to target narrowing achievement gaps. Local authorities will still have the option of retaining some funding to run centralised services.
The consultation: www.dcsf.gov.uk/consultations
The White Paper 21st Century Schools sets out entitlement for all children and their families: excellent teaching; effective discipline; support for health; safety and well being; extra help each pupil needs to enjoy and succeed.
Parents/ others are entitled to ask for the evidence from the Equality Impact Assessments that any changes in delivery of services resulting from the re-organisation of TESS are not to the detriment of Traveller children.
Further reading:
- Please read the TLRP's May 2010 report which outlines
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The Equality Act 2010
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Public Sector Equality Duty
- Consultation on the Future of School Funding
- Equality Impact Assessments
Download as PDF
Security of Tenure Campaign:
On 10th Feb 2010 an email regarding the Government’s decision to not implement the provision in the Housing Regeneration Act 2008- (That there was insufficient parliamentary time before the General Election)- to extend security of tenure on local authority Gypsy and Traveller sites under the Mobile Homes Act 1983.
Chris Johnson, solicitor of the Community Law Partnership, made available detailed information, and supported Travellers who wished to put the case to government and local councils ,that security of tenure should be introduced. Clients of CLP and Gypsy and Traveller support groups were informed that elements could be made of local authorities to add ‘provisions’ to their licence agreements to avoid a continuing breach of the European Convention. In a letter to CLG Chris Johnson pointed out the following ‘by the time of the General Election it will be six years since the European Court of Human Rights Judgement accepted by the British Government in 2007, indicated this would be a change in law by way of the Mobile Homes Act 1983.
An immense amount of work was put into a consultation process over that period of time by Traveller support groups and lawyers of behalf of Travellers.
• In brief: February 2010 CLG announced that parliamentary time could not be found to debate the Statutory Instruments that would bring into force Section 318 of the Housing and Regeneration Act. (SEE NOTES) SEE – Security of Tenure on L.A Gypsy Traveller sites BRIEFING Paper – Community Law Partnership/
• Possible Action – Judicial Review; distribution of CLP flyer – Gypsies and Travellers Put Your Case; MPs and Lords contacted- support for adjournment debates and Ministerial statement; ask Chairs of the Joint Parliamentary Committee on Human Rights and the APPG to take action.
• TLRP Contact with CLG.
• Report AOR.
• SEE Baroness Janet Whittaker –tabled Question 17th March2010-
House of Lords/ 17 March 2010: Column 598 http://tinyurl.com/y9shhnc
A petition was handed into Downing Street calling for a Statutory Instrument dealing with security of tenure , to be presented to Parliament.
SEE letter from The National Federation of Gypsy Liaison Groups “… agree with and support the statement made by Lord McKenzie of Luton: House of Lords/ 17th March 2010:
Column 598 in reply to “The issue needs to be brought in without the assignment clause.” … [NFGLG] fully support the full debate and a decision that will improve security of tenure for the communities as a whole.”
Further Reading:
Read the History of local authority Gypsy-Traveller sites with regard to the question of security of tenure as a PDF
House of Lords Question by Baroness Whitaker: 17 Mar 2010 : Column 598 Regarding Security of Tenure
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