Gypsy and Traveller Consultation (and the PSOW)

It’s about time that we looked at the Public Services Ombudsman for Wales (PSOW) – not so much a “deep dive” as a register of interest at this stage (to which I will come back another time).  This was partly sparked by Justin Bates KC (yet another h/t) and the weekly Housing View briefing (always worth signing up to, produced, as it is, by the creme de la creme of housing lawyers – sign up at HousingView@ArdenKC.co.uk), which reminded me of the PSOW report of an investigation in to the duty on local authorities to produce Gypsy and Traveller Accommodation Assessments in Part 3, Housing (Wales) Act 2014.  Those provisions essentially require local authorities to carry out such a needs assessment, in consultation “with such persons as it considers appropriate”, every five years, and report on those needs.  And, under s. 103(1):

If a local housing authority’s approved assessment identifies needs within the authority’s area with respect to the provision of sites on which mobile homes may be stationed the authority must exercise its powers in section 56 of the Mobile Homes (Wales) Act 2013 (power of authorities to provide sites for mobile homes) so far as may be necessary to meet those needs.

A recalcitrant authority can be directed by the Minister to comply with that provision.

I am always reminded of Tony Benn’s (I think) homily that, broadly, the strength of a society can be determined by the way in which it treats its most vulnerable; and, in this case, as we know over successive periods since the 1960s particularly (when the Westminster legislation came in to being), local authorities can be recalcitrant in responding to the needs of Gypsy and Traveller communities.

In response to a complaint referred to it, the PSOW found, in a decision published on 4th April 2024

There have been significant failings by Welsh Government which has failed to fulfil its leadership role to ensure local authorities were taking action to meet the need for accommodation for Gypsies and Travellers.  Delay and inaction by Welsh Government has led to stagnation and constrained the ability of local authorities to meet the accommodation needs. The lack of available accommodation has meant that Mr A has potentially been unable to live with his wider family and provide support to them and Mr B and his family have been homeless for a number of years. This is an injustice to them and a source of great stress and frustration.

The WG perhaps should have known that was coming because the Senedd Local Government and Housing Committee’s 2022 report was pretty scathing in its review (although less so on the issue of needs assessments, it is fair to say).  For example, it said:

We are concerned that the current process lacks meaningful consultation and engagement with the Gypsy, Roma and Traveller communities. It is very concerning that they seem to have little faith in the process and often refuse to participate. In order to gain a clear and accurate understanding of accommodation needs, there must be direct engagement with Gypsies, Roma and Travellers.

Accordingly, the WG have now published and are consulting on draft Guidance on designing and managing Gypsy and Traveller sites.  The Guidance is non-statutory and “recommended for local authorities to support the sharing of good practice and consistent approaches”.  In particular, the draft offers updated guidance which recommends “greater emphasis on consultation with Gypsy and Traveller residents”.

I’m not totally sure why the Guidance is “non-statutory” given that, under s 106 of the 2014 Act, “In exercising its functions under this Part, a local housing authority must have regard to any guidance given by the Welsh Ministers”.  But, perhaps, what that means is formally it isn’t statutory guidance, but local authorities must have regard to it; but then, why water that down to “recommended”.  Perhaps also, this guidance does not precisely address the accommodation needs (although one might say that takes a narrow version of “needs”, and there is guidance, for example, on applications for, and allocations of, pitches).  The answer appears to be because it has been issued to assist local authorities with their powers and duties under the Mobile Homes (Wales) Act 2013.  In short, then, I am not sure that these consultation papers actually do the job of responding to the PSOW report.

Comments by 19th May 2025.