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LGA issues guidance on introducing Public Space Protection Orders

The Local Government Association has issued guidance on the issues local areas should consider where they are contemplating introducing a Public Space Protection Order (PSPO).

PSPOSs were introduced in 2014 and are intended to ensure public spaces can be enjoyed free from anti-social behaviour. However, they have proved controversial in some cases, particularly where they have provisions in relation to rough sleeping.

The guidance, which can be viewed here, covers:

  • Legislative background.
  • Overview of PSPOs.
  • Using PSPOs: choosing the right tool.
  • Introducing a PSPO: activity subject to an order – overview; appropriate restrictions; limitations; area subject to an order; displacing behaviour; order exemptions; assessing potential impact and the Equality Act 2010; duration of PSPOs.
  • Supporting evidence and consultation: consultation approaches; additional requirements for PSPOs restricting public rights of way; consultation outcomes; further evidence.
  • Political accountability, scrutiny and sign-off.
  • Enforcement and implementation: enforcement protocols; fixed penalty notices; publication and communication; legal challenge; extension, variation and discharge; existing designated public place orders, gating orders and dog control orders; evaluating impact.

The LGA said its guidance should be read in conjunction with the Home Office’s statutory guidance on the Anti-social Behaviour, Crime and Policing Act 2014.