ASBO-style orders used on dozens of occasions in Cornwall

Most cases involved dogs

Author: Sarah YeomanPublished 11th Oct 2020

Cornwall Council used ASBO-style orders aimed at tackling nuisance behaviour on dozens of occasions last year, figures reveal.

​Campaigners the Manifesto Club warn the “busybody” powers used by councils threaten people’s freedoms and have called for them to be scrapped.

Cornwall Council issued 72 fines for the violation of Public Spaces Protection Orders in 2019, according to Freedom of Information requests submitted by the group.

A council can issue PSPOs to ban activities it judges have had, or will have, a “detrimental” effect on the quality of life of people in the area.

The reasons given for the penalties included having a dog on a dog-free beach, and other offences involving a dog.

Cornwall Council also gave out nine Community Protection Notices in the year to October last year.

The orders can place legal restrictions on people whose behaviour is deemed to have a similar negative effect on a community’s quality of life.

The council said the CPNs were given out for reasons including playing music loudly, issues regarding waste, dogs and cars, having rubbish in their garden, and begging in an aggressive manner.

Pirate FM has asked Cornwall Council for a statement and is waiting to hear back.

Director of the Manifesto Club Josie Appleton said the test for what constitutes detrimental behaviour was “unprecedentedly low” for criminal intervention, and that the powers were hard to appeal.

She added: “These blank-cheque busybody powers are the cause of immense injustice, and a fundamental threat to our freedoms. They should be removed from the statute book.”

The powers were introduced by the Anti-Social Behaviour, Crime and Policing Act 2014.

The Home Office issued fresh guidance on their use in 2017, saying particular care should be taken with the use of CPNs on “vulnerable members of society”.

But Ms Appleton said 31 councils had used them to target the homeless.

The Local Government Association defended their use as “one of a number of ways councils can tackle persistent anti-social behaviour problems raised by local communities”.

“PSPOs and CPNs will not be suitable or effective in all circumstances, and councils will consider other approaches which may better resolve the anti-social behaviour identified.

“As with other council services, PSPOs are subject to scrutiny by democratically elected councillors, and councils must consult with community representatives under the legislation, along with the police before implementing them.”

Nesil Caliskan, chairman of the LGA’s safer and stronger communities board

You can find all the source data here.