Creating a criminal offence of squatting is unnecessary, says Law Society

6 October 2011

The Law Society has described Government plans to create a new criminal offence of squatting as entirely disproportionate.

Responding today to the Ministry of Justice's 'Options for dealing with squatting' consultation, the Law Society said while squatting is understandably a concern to the public, current legislation is adequate to deal with the problem.

Law Society President John Wotton said; “It is quite mistaken to create a new offence without the evidence to support it. Indeed, the Government consultation acknowledges a lack of statistical evidence. The proposals in this consultation are based on misunderstandings, repeated by the media, of the scale of the problem and of the current law, which is both comprehensive and effective.”

“The consultation proposes to create a new criminal offence of squatting. This is unnecessary as it is our experience that squatting is not a very significant problem and that where it does occur there are a range of laws both civil and criminal that are adequate to deal with it. We urge the government to conduct statistical research before reacting to media-driven public concerns.

“The consultation has partly been prompted by the media interest in cases such as that of Dr Oliver Cockerell and his pregnant wife, Mrs Cockerell. The media reported that the police told the Cockerells that the law did not allow them to remove the squatters. This is legally incorrect. Criminal offences already exist for a squatter occupying a residential home.

"Under the Criminal Law Act 1977, it is a criminal offence for a squatter to remain if they have been informed of a displaced occupier or a protected occupier. The police can arrest a squatter who does not leave, as a trespasser. Squatting in a commercial property is a criminal offence once the interim possession order is made and served and the squatters have not left within 24 hours.”

John Wotton added; “Improvements should come from changes to the court process, not the legal framework. Increased guidance and training on the legal mechanisms that are already in place should be provided to the public and the police. This will help to counter misinformation and public concern.”

Notes

This response has been drafted with the assistance of members of the Law Society's Housing Law Committee, which is made up of specialist legal practitioners who advise a wide range of clients including local authorities and housing associations.

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