Well done to the Kennel Club for leading the first successful legal challenge of a PSPO.   The Richmond PSPO was so broad that it prohibited dogs from ‘annoying’ other dogs; and also prohibited any form of ‘damage’ to grass, which could include dog urination (see our post on the PSPO text).   The judge has now struck out these conditions.   This is an impressive achievement, since the grounds for legal appeal are very narrow, and the process fraught with risk and financial cost.   The Kennel Club has been courageous and did a very good job putting together the legal…

There are new calls to crack down on the traditional practice of sheep commoning in the Forest of Dean (when sheep wander around grazing on open land). The council had previously attempted to issue a PSPO, which would have banned sheep from a particular area. The PSPO was fought by the Sheep Commoners Association, with its secretary Mick Holder saying: PSPOs are a disaster for our sheep and shepherds, they challenge ancient rights and could effectively bring to an end generations of sheep commoning in the Forest of Dean. Sheep ‘badgers’, the name given to sheep commoners, are generally responsible people who work…

PSPOs have created hundreds of new criminal offences, including begging, standing in groups, even wearing head coverings. Once an order is created, these non-harmful activities then become subject to fines, police action, and courts. Magistrates are now hearing the cases of people who violated a PSPO, by doing nothing more ordinary than being found in a park, or putting a hat out to beg. This includes one lady in Exeter: Maria Johnson, Age: 51. On 22/01/2018 at Cathedral Green, Exeter, without reasonable excuse, refused to leave the dispersal area as requested in the relevant time which you were prohibited from doing by a…

In the wake of the government’s new statutory guidance (which stated that PSPOs should not be used to target the homeless), several councils have abandoned plans to fine people for rough sleeping. Many of these councils were also responding to opposition from members of the public, and lively debates within council chambers. Tunbridge Wells decided against fining people for sleeping in shop doorways. Dacorum Council has backtracked on plans to fine people for rough sleeping in Hemel Hempstead, after considering the new Home Office guidance. Windsor Council u-turned on plans to ban homeless people in the run-up to the royal wedding, after…

We are often asked how PSPOs are enforced, in terms of the numbers stopped, fined, and prosecuted. Fines are significant but relatively low, as are prosecutions. The main use of PSPOs, we have suspected, is for behaviour policing – telling people to move on or stop what they are doing. These incidents are often not recorded, so we’ll never know how many young people were stopped from skateboarding, or how many homeless people were moved out of town. An article in Swindon’s local paper says that ‘thousands’ of people have been told that they were contravening the town’s PSPO, which includes bans…

Labour and Lib Dem councillors have called in a Tory PSPO targeting the homeless. The order – which bans begging, rough sleeping in doorways before midnight- was passed by an unelected officer. A Lib Dem councillor said that he was ‘appalled’ that the decision had been made ‘behind closed doors’. Councillors also noted that the PSPO contradicted new Home Office guidance, which states that orders should not target rough sleeping. Now it has transpired that the PSPO even went against the results of the public consultation, which the council had failed to publish. 59% had said that they disagreed with a ban on rough…