Public spaces protection order explained

Public spaces protection orders (PSPOs) are orders under the Anti-Social Behaviour, Crime and Policing Act 2014 which ban specific acts in a designated geographical area in England and Wales as set out in the act. They replace the earlier designated public place orders, gating orders and dog control orders.^[1]

Application

PSPOs are intended to prevent specific acts which would not otherwise be criminal offences. They have been criticised as restricting freedoms and having a disproportionately severe effect on people below the poverty line.^[2]

, there were 388 active PSPOs in Wales alone.^[3] Research by The Manifesto Club found a 420% increase in PSPO fines from 2016 to 2018. In 2018 there were 9,930 fixed penalty notices issued, 60% of which were from four councils: Peterborough, Bedford, Hillingdon and Waltham Forest. These four councils use private contractors to issue the fines.^[4]

Challenging PSPOs

PSPOs can be challenged within six weeks of the order being issued on the grounds that the local authority does not have the power to issue the order, or that the legislation related to PSPOs has not been followed.^[5] The challenge must be made by a person who lives in the area or regularly visits it or, alternatively, a challenge can be made by any person charged with this offence. PSPOs must be renewed every three years.^[6] PSPOs have also been challenged through judicial review.^[7]

A PSPO placing restrictions on dog-walking was challenged via judicial review issued in Richmond upon Thames resulting in orders related to causing annoyance and damage to council property being removed. This affirmed the principle that PSPOs are intended to target antisocial rather than annoying behaviours.

Government guidance

The issue of PSPOs is covered by the Anti-Social Behaviour, Crime and Policing Act, 2014. The Home Office issues guidance for their use.^[8] In the case of limiting the walking of dogs councils are encouraged to publish lists of alternative dog walking locations and should consider whether such alternatives exist. Councils are advised that it is important to not restrict sociability in public places, and that a broad range of the public should be free to gather, talk and play games.

Examples of use of PSPO powers

PSPOs have been introduced to apply to a wide variety of issues.

Examples include:

• Salford City Council introduced a PSPO covering Salford Quays, which bans acts including using foul and abusive language.^{[9] [10]} This has been interpreted as a response to football fans.^[11]
• Royal Borough of Kensington and Chelsea introduced a PSPO "to address the excessive level of noise nuisance, annoyance, danger or risk or harm or injury caused by motor vehicles to members of the public" in Knightsbridge.^[12]
• Peterborough City Council introduced a PSPO to ban littering, spitting and cycling in specific roads in the centre of Peterborough.^[13]
• Kettering Borough Council enacted a curfew banning individuals under 18 from going outside alone between 11pm and 6am.^[14]
• In 2022, Redbridge Council used a PSPO to fine a man for sexual harassment, in the first example of such a use of the PSPO powers.^[15]
• Ealing London Borough Council approved a PSPO in April 2018 which protected the area around a Marie Stopes International Reproductive Choices clinic.^[16] This banned anti-abortion campaigners from approaching and interacting with patients.^[17] The so-called buffer zone was approved after years of campaigning by a grassroots activist group called Sister Supporter.

Proposals to use PSPOs to ban rough sleeping

In 2015, Hackney Council attempted to introduce a PSPO which would have banned rough sleeping.^[18] A similar ban was proposed in Newport.^[19] The Home Office guidance for PSPOs states that PSPOs should not be used to prevent homelessness and rough sleeping.

See also

• Byelaw

Notes and References

1. Web site: Public Space Protection Order - What you need to know . PDF . Bristol City Council . June 2018 . 19 April 2019.
2. Web site: PSPOs: the new control orders threatening our public spaces. Bradley. Garrett. The Guardian. 2015-09-08. 2018-09-07.
3. Web site: Public space orders "make innocent behaviour offences". Ione. Wells. BBC. 2017-12-09. 2018-09-07.
4. News: Huge increase in Public Spaces Protection Order fines . BBC News . 19 April 2019 . 19 April 2019.
5. Web site: Anti-social Behaviour, Crime and Policing Act 2014; Part 4; Chapter 2; Section 66 .
6. Web site: Anti-social Behaviour, Crime and Policing Act 2014;Part 4; Chapter 2; Section 60 .
7. Web site: Group . Constitutional Law . 2018-04-26 . Jessica van der Meer: Paws for Thought: The High Court tackles PSPOs in a Landmark Judgment . 2022-12-27 . UK Constitutional Law Association . en.
8. Book: Anti-social Behaviour, Crime and Policing Act 2014: Anti-social behaviour powers Statutory guidance for frontline professionals . UK Home Office.
9. Web site: Salford Council tries to outlaw swearing at the Quays. ITV News. 2016-03-02. 2018-09-07.
10. Web site: Greater Manchester Council ridiculed for Salford Quays swearing ban. https://ghostarchive.org/archive/20220507/https://www.independent.co.uk/news/uk/home-news/manchester-council-ridiculed-for-salford-quays-swearing-ban-a6909086.html . 7 May 2022 . subscription . live. Roisin. O'Connor. The Independent. 2016-03-03. 2018-09-07.
11. Web site: A swearing ban? Piss off. Sadhvi. Sharma. Spiked Online. 2016-03-04. 2018-09-07.
12. https://www.rbkc.gov.uk/community-and-local-life/community-safety/public-spaces-protection-order-knightsbridge Public Spaces Protection Order for Knightsbridge
13. News: 2018-04-13. CLAMPDOWN: Thousands of fines for littering, spitting and cycling on Bridge Street in Peterborough. 27 October 2017. Joel. Lamy.
14. Web site: 2016-08-05 . The council which banned sleeping . 2022-12-27 . Politics.co.uk . en-US.
15. Web site: 2022-12-20 . Redbridge council uses PSPO to fine man £100 for sexual harassment . 2022-12-27 . the Guardian . en.
16. https://www.bbc.co.uk/news/uk-england-london-43864465
17. https://www.bbc.co.uk/news/health-61473721
18. Web site: Public anger mounts over Hackney Council's controversial PSPO. Hackney Citizen. 2015-06-02. 2018-09-07.
19. Web site: Newport rough sleeping ban rejected. BBC. 2015-11-25. 2018-09-07.