A couple of weeks ago I highlighted to the City of York Council (CYC) that all of their Public Spaces Protection Orders (PSPOs) are both unenforceable and unlawful due to the incompetence shown by their legal team. The legislation clearly states:
“In relation to a public spaces protection order that a local authority has made, extended or varied, that local authority must publish the order as made, extended or varied (as the case may be) on its website.”
CYC failed to fulfil this most fundamental of legal requirements.
Yesterday CYC informed me:
“We are currently in the process of reviewing some of the PSPOs which are due to expire and as part of that work we will be publishing the full documents on the CYC website. I am about to go on leave for three weeks but have tasked this work to one of my community safety managers, who will undertake this task in my absence. But please be assured that the work will be done and the full documents made publicly available.”
The statement confirms that the work will be undertaken and as such has not been carried out to date. This means all of the CYC PSPOs are currently unlawful and unenforceable. Furthermore, this has been the case for numerous years.
As a result, any Fixed Penalty Notices issued must now be reimbursed.
Freedom Of Information – PSPO Fixed Penalty Notices
Under the FOI Act I have requested for each of the past six years:
- How many Fixed Penalty Notices in relation to Public Spaces Protection Orders have the CYC issued in each year?
- How much revenue for Fixed Penalty Notices in relation to Public Spaces Protection Orders have the CYC received in each year?
Exposed By Procrastination
Due to the procrastination of Cllr Carl Les, Leader of North Yorkshire County Council (NYCC), in relation to the fundamentally flawed Leeming Bar Public Spaces Protection Order I decided to investigate PSPOs of Councils who are neighbours and/or closely associated which NYCC.
This investigation resulted in the CYC being exposed for their unenforceable and unlawful PSPOs.
NB: The Hambleton District Council (HDC) Leeming Bar Public Spaces Protection Order is still in operation despite being in breach of legislation.