Resident secures funding for legal challenge over impact of public space protection order on homeless

A local resident campaigning for the scrapping of a public space protection order (PSPO) introduced by Poole Borough Council last year over its impact on homeless people has secured enough funding to launch a legal challenge.

Sarah Ward said she had met her initial target of £2,500 on Crowd Justice, in part through match funding by the Good Law Project run by Jolyon Maugham QC. She has now set a target of £5,000 and said she will be seeking a costs capping order.

Poole Council made the PSPO on 13 March 2018 under section 59 of the Anti-Social Behaviour, Crime and Policing Act 2014. The local authority was subsequently absorbed into BCP Council when local government in Dorset was reorganised into two unitaries.

In June this year a High Court judge rejected a judicial review challenge brought by Ms Ward, supported by human rights group Liberty, over the refusal by the Director of Legal Aid Casework to grant civil legal aid for the pursuit of an application to quash prohibitions contained in the PSPO.

Liberty is now supporting Ms Ward, who has herself been homeless and has worked in homelessness and rough sleeper services for more than 25 years, with her crowd funded challenge.

On her Crowd Justice page Ms Ward claimed that councils are using PSPOs “to criminalise homeless people”.

She said: “My local council in Poole introduced cruel restrictions through these blunt powers in April 2018. Its PSPO, imposed in the town centre, turns begging and rough sleeping into offences which are punishable with hefty fines. The council is equating poverty with anti-social behaviour, and needs to scrap the PSPO.”

Ms Ward added that she was seeking to remove the clauses “which seek to punish the most vulnerable. Continuing to fine people for being homeless or poor during a time when homelessness has gone up by over 160% in the last 8 years and when food banks can barely meet demand, is cruel and will only make it harder for people to improve their situations. These clauses are shameful and must be removed.”

She said: “Not only will this case be hugely important for the people in Poole who are currently rough sleeping or in danger of doing so, but it will set a very clear legal precedent for the councils across the UK who are currently using PSPOs in this way or who are considering doing so.”

Ms Ward was due to send details of her case to the council and the court today (4 November). She said that she had asked BCP Council to agree not to seek costs against her if she lost and told the authority that she would do the same if she won “but they have refused to agree to this”.

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