Trower v Elmbridge Borough Council [2025] EWHC 314 (Admin) (14 February 2025)

Trower v Elmbridge Borough Council [2025] EWHC 314 (Admin) (14 February 2025)

The Order is not so uncertain as to be unenforceable; the Council had reasonable grounds to make the Order based on evidence of anti-social behaviour; the restrictions imposed are proportionate and reasonable in the context of the Council's statutory powers and duties; the Council complied with statutory guidance and consultation requirements; the interference with Article 8 rights is justified and proportionate; the Equality Impact Assessment and consideration of the Public Sector Equality Duty were adequate; and the failure to publicise the Order is a technical breach but does not warrant quashing the Order.

Citation
[2025] EWHC 314 (Admin)
Parties
Claimant: Marcus Trower; Defendant: Elmbridge Borough Council
Jurisdiction
England and Wales
Judgment Date
14 February 2025
Procedural Posture
Statutory Challenge Under Anti Social Behaviour, Crime and Policing Act 2014 S.66 / Final Judgment After Full Hearing
Outcome
Claim dismissed
Legal Topics
Public Spaces Protection Orders, Consultation Requirements, Proportionality, Equality Impact Assessment, Public Sector Equality Duty, Right to Respect for Private and Family Life (echr Article 8), Statutory Interpretation, Procedural Fairness
Administrative Law Human Rights Law Local Government Law Equality Law Public Spaces Protection Orders Consultation Requirements Proportionality Equality Impact Assessment +4 more

Case Brief

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Parties

Marcus Trower

Claimant

Elmbridge Borough Council

Defendant

Procedural Posture

Statutory Challenge Under Anti Social Behaviour, Crime and Policing Act 2014 S.66 / Final Judgment After Full Hearing

Legal Issues

  1. 1 Whether the PSPO made by Elmbridge Borough Council is sufficiently certain to be enforceable
  2. 2 Whether the Council had reasonable grounds under s.59(2) of the 2014 Act to make the Order
  3. 3 Whether the prohibitions in the Order are reasonable and proportionate

Ratio Decidendi

The Order is not so uncertain as to be unenforceable; the Council had reasonable grounds to make the Order based on evidence of anti-social behaviour; the restrictions imposed are proportionate and reasonable in the context of the Council's statutory powers and duties; the Council complied with statutory guidance and consultation requirements; the interference with Article 8 rights is justified and proportionate; the Equality Impact Assessment and consideration of the Public Sector Equality Duty were adequate; and the failure to publicise the Order is a technical breach but does not warrant quashing the Order.

Court Disposition

Claim dismissed

Orders

  • The claim is dismissed in its entirety.
  • No order quashing or suspending the Public Spaces Protection Order.