Community Safety

Data-sharing safeguards: no ‘micro-managing’

Robin Hopkins looks at the lessons to be learned from an important Court of Appeal ruling on data-sharing, in a case involving the arrangements between a police force and a local crime reduction partnership. Read more

NEWS

Feb 03, 2021

Tenant of social landlord given six days in prison over breach of civil injunction by breaking Covid rules on illegal gatherings

Bromley County Court has released a tenant of social landlord Peabody Trust who served six days in prison for breaching a civil injunction imposed after breaches of Covid regulations on gatherings.

Jan 28, 2021

Two men given £10,000 fines over snowball fight in Leeds

Two men involved in organising a mass snowball fight in Leeds in breach of coronavirus restrictions have each been given £10,000 fines.

Jan 27, 2021

Rogue landlord ordered to pay nearly £10k after continuing to rent out unlicensed converted bank vault

A landlord has been ordered to pay more than £9,400 after he continued to let a flat – a former bank vault – which inspectors had classed as illegal and dangerous.

Jan 26, 2021

Thirty-one Met Police officers face £200 fixed penalty after breaching Covid-19 regulations with haircut at station

A group of 31 Metropolitan Police officers are facing a £200 fixed penalty notice after breaching Covid-19 regulations while on duty, the police force has revealed.

Jan 22, 2021

Organiser of wedding attended by 400 people to be considered for £10,000 COVID breach fine

The organiser of a wedding in north London is facing a £10,000 fine after police found hundreds of people packed together in breach of Covid regulations.

Jan 21, 2021

Police force wins appeal over sharing of information about teenager with local crime reduction partnership

A teenager has failed in a judicial review of how information on her was shared between Sussex Police and the Brighton & Hove Business Crime Reduction Partnership.

Jan 13, 2021

Court of Appeal dismisses appeal by company director over £99k penalties for breaches of HMO regulations, non-compliance with enforcement notices

The Court of Appeal has rejected a company director's appeal over penalties amounting to £99,000 imposed by the Upper Tribunal for breaches of regulations covering houses in multiple occupation (HMOs), and non-compliance with enforcement notices.

Dec 07, 2020

Government issues guidance on three new notices local authorities can issue against premises breaching COVID-secure rules

The Department for Health & Social Care has published guidance on the additional powers that came into force last week (2 December) and which allow local authorities in England to take action against premises that do not comply with COVID-secure rules.

Nov 25, 2020

Failure to comply with planning enforcement notice sees landlord ordered to pay £260k

A landlord who pleaded guilty to two offences of failing to comply with a planning enforcement notice has been handed a confiscation order of nearly £260,000.

Nov 11, 2020

Court of Appeal says car cruising was "classic case for the grant of an injunction"

The Court of Appeal has dismissed an appeal over whether a car-cruising injunction was properly granted, given what was said to be the alternative remedy available to Birmingham City Council of itself making a public spaces protection order (PSPO).

FEATURES AND ANALYSIS

December 22, 2020

New local authority Covid enforcement powers

Gary Grant analyses the new enforcement tools that allow local authorities in England to take action against premises that do not comply with COVID-secure rules.

December 11, 2020

Coronavirus restrictions and interim steps appeals

Birmingham Magistrates’ Court has this week (10 December 2020) dismissed appeals against interim steps taken by Birmingham City Council on summary reviews of two premises licences that arose out of trading in breach of restrictions imposed on the hospitality sector as part of the response to the Coronavirus pandemic. Charles Holland explains why.

November 20, 2020

Local authority powers to obtain injunctions

The Court of Appeal has upheld the right of local authorities to obtain injunctions using their broad, general power to issue legal proceedings under section 222 of the Local Government Act 1972. Alexander Campbell looks at the lessons to be learned.

November 04, 2020

The Lockdown 2 Regulations

Gary Grant and Charles Holland summarise the key points from the regulations implementing the latest national lockdown.

October 19, 2020

The 3-Tier Covid Regulations: Impact on Licensed Premises

Gary Grant and Charles Holland summarise the new system brought in through the 3-Tier Covid Regulations and focus on its impact on licensed premises.

September 29, 2020

PSPOs - a vital tool for tackling anti-social behaviour

Kuljit Bhogal outlines the uses of Public Space Protection Orders for tackling drinking and other issues in public spaces.

September 17, 2020

Do local authorities have the power to impose a full scale local 'lockdown'? UPDATED

Christopher Bevan examines the powers available to local authorities particularly under Regulation 6 of the Health Protection (Coronavirus, Restrictions) (England) (No. 3) Regulations 2020 in providing a local public health response to the incidence and spread of coronavirus.

September 17, 2020

Emergency Services collaboration

Nathan East considers the PEEL report which looked into the successes and pitfalls of police-to-police collaboration.

The legal world’s “perfect” solution to paper-based working that is anything but!

In the legal world PDFs are often seen as the ideal replacement for paper-based systems. But as many have discovered digital workflows underpinned by PDFs come with their own set of challenges.

MORE NEWS

Nov 10, 2020

Civil Procedure Rules to be amended so that district judges can hear breaches of Anti-Social Behaviour Injunctions

The Civil Procedure Rules are to be amended “to correct three unintended effects” of changes that came into force at the beginning of October.

Nov 06, 2020

Court of Appeal rejects challenge to £31m decision by city council to retrofit sprinklers to tower blocks after Grenfell

Birmingham City Council has defeated a Court of Appeal challenge over whether it failed to take account of legally relevant matters when on 24 May 2018 it confirmed its decision to retrofit sprinklers in its tower blocks following the fire at Grenfell Tower in London.

Nov 06, 2020

Police arrest gym owner on suspicion of breaching COVID lockdown regulations, council issues venue with prohibition notice

Essex Police have arrested a gym owner in Harlow on suspicion of breaching coronavirus legislation.

Nov 05, 2020

Administrative Court allows appeal by tenant on extending time for service of notice of appeal in ASB case

A Plymouth woman has successfully appealed over a closure order imposed on her home after complaints of anti-social behaviour.

Oct 30, 2020

Council serves Community Protection Notice on major retailer for failing to enforce mask wearing in store

A London borough has issued a Community Protection Notice to all B&M stores in its borough for failing to enforce the wearing of face coverings despite having received a Community Protection Warning Notice last month.

Oct 20, 2020

Civil Justice Council report identifies significant problems around anti-social behaviour injunctions

Anti-social behaviour injunctions (ASBIs) – which were introduced by the Anti-Social Behaviour Crime and Policing Act 2014 – are not working, a report published this month by the Civil Justice Council has claimed.

Oct 15, 2020

High Court upholds refusal by judge to admit witness statement from council officer in eviction proceedings brought by housing association

The High Court has dismissed an application to overturn a judge’s refusal to allow tenants to rely on a witness statement from a council officer in eviction proceedings brought by a housing association.

Oct 13, 2020

Individuals affected by Ealing abortion clinic PSPO look to take case to European Court of Human Rights

Two individuals affected by the imposition of a Public Spaces Protection Order (PSPO), which created a "buffer zone" around an abortion clinic in Ealing, have appealed to the European Court of Human Rights, Landmark Chambers has reported.

Oct 12, 2020

Council says it was told by government official not to take action against shops that were failing to enforce mask-wearing

The Leader of Barking and Dagenham Council complained to the Business Secretary in a letter last week after the council said it was told by an official at the Department of Business, Energy & Industrial Strategy (BEIS) to stop taking action against local shops that were failing to enforce mask-wearing.

Oct 08, 2020

Government issues guidance on COVID-19 secure marshals, stresses the role has no enforcement powers

The Government has issued guidance on how the £30m allocated to district and unitary authorities for COVID-19 related compliance and enforcement activities should be spent.

Oct 07, 2020

Council hits beauty salon with closure notice over failure to have adequate COVID-19 controls in place

Sefton Council has issued a closure notice on a beauty salon over its failure to put in place adequate controls and measures required to make the premises COVID-secure.

Sep 29, 2020

Court finds retention of data obtained under Prevent Strategy when claimant was 11 year old unlawful

The Metropolitan Police’s retention of data on a 16-year-old child (known as II) from the age of 11 was unlawful and a disproportionate interference with his right to private life, a High Court judge has ruled.

Sep 22, 2020

Council to pursue Crown Court appeal over ruling that ex-policeman convicted of child abduction should be granted taxi licence

Sefton Metropolitan Borough Council has lodged an appeal with Liverpool Crown Court over whether a former policeman convicted 14 years ago of abducting a 15-year-old girl should be granted a taxi driver licence.

Sep 17, 2020

Government upholds decision by council to issue direction cancelling international boat show

The Minister of State for Patient Safety, Suicide Prevention and Mental Health, Nadine Dorries MP, has upheld Southampton City Council’s decision to issue a direction which cancelled the Southampton International Boat Show (Boats 2020).

Sep 16, 2020

Birmingham bar sees licence revoked by council after COVID-19 breaches

The Licensing Sub-Committee at Birmingham City Council has revoked the premises licence of a bar in the Jewellery Quarter after it was found to be breaching COVID-19 guidelines.

Aug 19, 2020

Police and council secure closure order of residential property where 200 people had gathered

Greater Manchester Police and Manchester City Council have obtained a three-month closure order of a residential property where 200 people had gathered.

Aug 14, 2020

Teen free climber sentenced after breaching City Council injunction

Manchester City Council has secured a suspended sentence for a teenage ‘free climber’ who continued to scale tall buildings in defiance of an earlier injunction, in what is thought to be the first time anti-social behaviour legislation has been used to tackle free climbing.

Aug 11, 2020

Use of facial recognition technology was unlawful but did not contravene article 8 finds Court of Appeal

The Court of Appeal has held that the use of facial recognition technology by the South Wales Police Force (SWP) was unlawful but that its use was proportionate under article 8 of the European Convention on Human Rights (ECHR).

Aug 10, 2020

LGA calls for temporary public health or COVID-19 objective in Licensing Act

The Local Government Association has called for councils to be given the powers to close down pubs and other licensed premises which are failing to comply with COVID-19 safety guidelines.

Aug 05, 2020

Lockdown powers for local authorities

Tiffany Cloynes examines the powers that local authorities in England have been given to introduce local lockdown measures to tackle local outbreaks of the coronavirus.

Aug 05, 2020

Housing Ombudsman sees rise in percentage of complaints relating to tenant behaviour

Complaints about tenant behaviour received by the Housing Ombudsman between April and June this year amounted to 21% of the total compared to 12% for the same period in 2019, it has been revealed.

Jul 23, 2020

Home Secretary launches review of Police and Crime Commissioners model

The Home Secretary, Priti Patel, has launched a review of the role of Police and Crime Commissioners (PCCs) but has ruled out scrapping the model.

Jul 22, 2020

High Court judge outlines reasons for granting interim injunction over anti-social behaviour in park

A High Court judge has given his reasons for granting, despite his misgivings, the London Borough of Hackney an interim injunction against anti-social behaviour in a park.

Jul 20, 2020

Home Office issues guidance on ‘Community Trigger’ ASB case reviews

The Home Office has published guidance on the anti-social behaviour case review – also known as the “Community Trigger”.

Jul 18, 2020

Government issues guidance for councils on use of new powers to impose local shutdowns in response to COVID-19 outbreaks

The Government has issued guidance for local authorities in England on what the new local shutdown regulations allow them to do, how they should exercise those powers and how those powers should be enforced.

MORE FEATURES

September 15, 2020

The "Rule of 6" Coronavirus Regulations

Gary Grant sets out the key elements of the government's new 'Rule of 6' regulations.

September 03, 2020

Policing our privacy – where does the law lie?

David Mitchell analyses the Court of Appeal's recent ruling on the use of facial recognition technology by South Wales Police.

August 20, 2020

Anti-social behaviour, rough sleeping and injunctions

In a rare occurrence, North Lincolnshire Council recently secured an injunction pursuant to the Anti-social behaviour, Crime and Policing Act 2014 in respect of two rough sleepers. The powers under section 1 of the Act tend to be used exceptionally and many Courts are unfamiliar with them, writes Ben Williams.

July 28, 2020

Stock Transfer RPs and the use of mandatory ground 7A

Yetunde Dania analyses a recent housing law case which, she says, will be a source of comfort to Large Scale Voluntary Transfer (LSVT) registered providers of social housing when they are seeking to recover possession based on ground 7A.

July 28, 2020

Upper Tribunal revisits "What is an HMO?"

It is vital that landlords, tenants and local authorities all understand when a property should properly be classed as a House in Multiple Occupation (“HMO”). Christopher Hoskins outlines a recent Upper Tribunal case which revisited this issue as it affects blocks of self-contained flats.

July 27, 2020

Statutory taxi and private hire vehicle standards

Philip Kolvin QC examines the statutory and philosophical underpinning of the Statutory Taxi and Private Hire Vehicle Standards, together with their implications for licensing regulation.

July 03, 2020

Breaches of PSPOs and reasonable belief

Kuljit Bhogal reports on an important High Court ruling on breaches of Public Spaces Protection Orders.

June 29, 2020

Disrepair during COVID-19

Victoria Curran looks at how to take a pragmatic and common sense approach to housing disrepair during the coronavirus pandemic.

May 28, 2020

Homelessness and domestic violence

Andy Lane and Rowan Clapp look at the likely impact of government proposals of support for survivors of domestic violence who are facing homelessness.

May 28, 2020

Recent developments in additional and selective licensing

Tara O'Leary discusses some of the implications of the COVID-19 emergency for licensing litigation and summarises several important decisions which have emerged during a very productive period at the courts and tribunals.

May 20, 2020

Pubs and the lockdown regulations

A pub licence has been revoked at a summary review hearing for breaking lockdown regulations. Gary Grant reports.

May 12, 2020

Locking down anti-social behaviour - an introduction to Public Spaces Protection Orders

In the third instalment of her series on community safety law during the lockdown, Kuljit Bhogal discusses Public Spaces Protection Orders.

May 11, 2020

Unlicensed HMOs and liability

A London borough recently successfully defended two claims for judicial review of decisions it made against directors of property companies operating, and owners of property, in its area. Simon Kiely, Aleksandra Wolek and Christos Paphiti explain how the ruling will help local authority housing departments and prosecutors.

May 07, 2020

Anti-social behaviour - powers to control behaviour under the Anti-social Behaviour, Crime and Policing Act 2014

This LexisNexis Local Government guidance note, produced in partnership with Hardwicke Chambers, provides comprehensive and up to date legal information covering the powers available to control behaviour under the Anti-social Behaviour, Crime and Policing Act 2014

May 01, 2020

Anti-social behaviour - powers to close premises under the Anti-Social Behaviour, Crime and Policing Act 2014

This Local Government guidance note from LexisNexis provides comprehensive and up to date legal information outlining the powers available to local authorities to close premises where anti-social behaviour is taking place.

April 29, 2020

Locking down anti-social behaviour - COVID-19 and Community Protection Notices

In this video, Kuljit Bhogal explains how Community Protection Notices, served under the powers found in the Anti-Social Behaviour, Crime and Policing Act 2014, could be used to tackle anti-social behaviour during the lockdown.

April 27, 2020

Civil financial penalties – how much is too much?

Howard Lederman considers the principles which apply to the amount of penalties local housing authorities can impose for relevant housing offences, following recent guidance by the Upper Tribunal.

April 27, 2020

Rent repayment orders by local authorities

Howard Lederman explores the consequences of procedural defects when local authorities seek rent repayment orders.

April 15, 2020

Possession proceedings - and alternatives - to counter Anti-Social Behaviour during COVID-19 lockdown: Should you stay, or should they go?

Peter Marcus explores the options that social landlords have to enforce against anti-social conduct committed in rented residential property, given the last month of impromptu legislation, guidance and procedural changes.