Source · Select Committees · Human Rights (Joint Committee)
Recommendation 11
11
Accepted in Part
Broad prohibitions and requirements can be imposed under Community Protection Notices, which bind individuals, and...
Conclusion
Broad prohibitions and requirements can be imposed under Community Protection Notices, which bind individuals, and under Public Spaces Protection Orders, which bind the general public. Their imposition receives limited scrutiny unless they are legally challenged. If their breach is punished by way of fixed penalty notice, handed out by authorised persons employed by local authorities, there is a further lack of oversight. (Conclusion, Paragraph 85)
Government Response Summary
The government states that existing safeguards ensure just and proportionate use of CPNs and PSPOs, and commits to issuing new statutory guidance to emphasize proportionate use of limits and Fixed Penalty Notices, including recommendations for local authority agreements with contractors.
Government Response
Accepted in Part
HM Government
Accepted in Part
Public Spaces Protection Orders (PSPOs) and Community Protection Notices (CPNs) are issued where anti-social behaviour is having a detrimental effect on a community’s quality of life. It is for local agencies to determine how to operate the powers in the 2014 Act and to ensure the relevant legal tests have been met. The legislation includes various safeguards to ensure that use remains just and proportionate. Before a CPN is issued, the perpetrator must be provided with a written warning, informing them of the problem behaviour, requesting them to stop, and outlining the consequences of continuing. The individual may challenge the initial warning. A CPN will only be issued where the behaviour persists. PSPOs deal with a particular nuisance or problem in a specific area and are intended to ensure the law-abiding majority can use and enjoy public spaces, safe from anti-social behaviour. Under section 72(1) of the 2014 Act, when making decisions about a PSPO, a council must have particular regard to the rights of freedom of expression and freedom of assembly set out in articles 10 and 11 of the Human Rights Act 1998. The council must also consult the police, the owner or occupier of the land, and any community representatives they deem appropriate, ensuring the order undergoes thorough scrutiny. And, before making, varying, extending or discharging a PSPO, the council must also carry out the necessary publicity and notification in accordance with section 72(3) of the 2014 Act – this includes publishing the text of a proposed order or variation and publishing the proposal for an extension or variation. Feedback from local authorities highlights that PSPOs are extensively consulted on beyond the minimum requirements set out in the legislation. Contracting enforcement to third parties is a common arrangement, and it is for the local authority to ensure the use of powers remains just and proportionate. Contractors are bound by the same legal obligations and the same safeguards in legislation as councils themselves. Local authorities are also obliged to follow the rules set out in procurement legislation in the appointment of such companies. The Government will issue accompanying statutory guidance to emphasise the importance of the new limits being used proportionately. The guidance will also recommend that local authorities include wording on the proportionate use of FPNs in any service level agreements with contractors.