Revised Guidance has been published on 24 December 2017. The Home Office website states:
New guidance on the use of anti-social behaviour powers will help police and councils continue to take appropriate action against nuisance behaviours while ensuring the most vulnerable, including the homeless, are not disproportionately targeted.
The HO says that it’s guidance will:
– make sure powers are used as intended – to tackle behaviour which is genuinely anti-social;
– help to prevent instances of rough sleepers, buskers or small groups gathering to chat in town centres – without causing a nuisance – being unfairly targeted.
Elements of the guidance include:
– focusing on specific and actual problems rather than blanket bans of behaviour that are not in themselves anti-social – such as rough sleeping
– reiterating that before making a Public Spaces Protection Order councils must consult the police and community representatives to ensure specific groups have the opportunity to comment, including:
– the local residents association
– regular park users
– those involved in activities such as busking
– highlighting how the Civil Injunction and the Criminal Behaviour Order can be used to tackle gang activity
– underlining the importance of local consultation, accountability and transparency in decision making