ABSTRACT

The question of whether it is possible to lose gypsy status arose in Hearne v Secretary of State (Wales) and Camarthenshire County Council [2000] JPL 161. Following the issue of enforcement notices, in dismissing the subsequent appeal, the inspector had found that the appellant had given up his status as a gypsy at the time he had moved onto the land because he intended to settle there and cease his nomadic life. The High Court determined that it was not sufficient to take away a person’s gypsy status based simply upon his intention to settle somewhere permanently. More was required in the way of clear evidence that he not only intended to settle, but he intended to give up the nomadic way of life altogether. In this case, the appellant’s intention was supported by the production of evidence that, having obtained a job, he was undertaking further training.