WIREDGOV

Since the introduction of Public Spaces Protection Orders under the ‘Anti-social Behaviour, Crime & Policing Act 2014’, various groups & communities have expressed their concern over councils’ use of these powers.

On several occasions, it was argued that PSPOs were being misinterpreted and used to unfairly discriminate against people who were homeless or sleeping rough.  A notable example was the recent case of Oxford City Council warning rough sleepers that they must remove their possessions from doorways, or face fines of up to £2,500 for unreasonable conduct and causing an obstruction, although the council did issue a statement explaining its position.

In a move that should help to avoid the inappropriate issuing of PSPOs in future, in December 2017, the Home Office updated its guidance on the Orders, which now specifically states that PSPOs ‘should not be used to target people based solely on the fact that someone is homeless or rough sleeping, as this in itself is unlikely to mean that such behaviour is having an unreasonably detrimental effect on the community’s quality of life which justifies the restrictions imposed’.