Have your say on a public spaces protection order (PSPO) for sexual health and reproductive health clinics

Open date: Wednesday, 24 January 2018 at 12.00am Close date: Wednesday, 28 February 2018 at 12.00am Type: Consultation Neighbourhoods: Brixton, Clapham, Kennington, Norwood, Stockwell, Streatham, Vauxhall and Waterloo

Please note this consultation is closed

We want to know what you think about proposals to introduce a PSPO for sexual health and reproductive health clinics in Lambeth to protect women and girls accessing services.

Update on the outcomes of this consultation

Since the conclusion of the consultation on a proposal to introduce a Public Spaces Protection Order (PSPO) to address concerns about the activity of protests/vigils outside abortion clinics, we have discussed next steps with both our key partners and those individuals and groups objecting to the proposal. We have reflected upon how we might achieve a resolution that was effective, proportionate, and ultimately lawful, and the outcome is that the Council has decided not to proceed with making a PSPO at this stage.

It should be noted that Lambeth is not removing the possibility of a PSPO in relation to our abortion clinics being sought in the future, should such a step be warranted. We will work with our partners to evidence any unreasonable and detrimental behaviour around them and take such action as appropriate to address those issues.

View the council's full statement on the consultation.

Consultation survey response analysis

Over the course of the consultation, we received over 2000 responses from; local residents, service users, staff, businesses and stakeholders who held a view on our proposals. You can view the full analysis of the responses received via our online survey, the PSPO email inbox and Hard-copy letters.

Below is the original consultation page information

Public Spaces Protection Orders (PSPO)

For several years, groups of people and individuals have harassed and intimidated women and girls accessing sexual health and reproductive health services in Lambeth, targeting those seeking legal abortions. Staff working at these centres have also been targeted. Although not criminal, we believe this anti-social behaviour causes distress and suffering to women and girls accessing health care services in Lambeth.

The Anti-social Behaviour (ASB), Crime and Policing Act 2014 put victims of ASB at the centre by focusing on the impact behaviour can have on both communities and individuals, particularly vulnerable people. It introduced a number of new tools to enable councils to address anti-social behaviour (ASB) in their areas, including using public spaces protection orders (or PSPOs).

PSPOs enable councils to prohibit specific activities, and/or require certain things to be done by people engaged in those activities, within a defined public area. Breaching a PSPO without a reasonable excuse is an offence.

Orders can only be introduced where a local authority is satisfied on reasonable grounds that:

  • activities that have taken place have had a detrimental effect on the quality of those in the locality (or it is likely that activities will take place and have such an effect)
  • the effect or likely effect of these activities:
  • is, or is likely to be, persistent in nature and continuing
  • is, or is likely to be, unreasonable
  • justifies the restrictions being imposed

With the adoption of these powers, and the use of PSPOs to tackle existing issues elsewhere in the borough; such as legal highs and street gambling, we feel that these powers are appropriate for tackling the anti-social behaviour outlined in evidence pack 1evidence pack 2 and evidence pack 3. We asked our service providers to gather evidence on the nature, frequency and impact of this behaviour before deciding whether or not to develop a PSPO to address this issue.

Our assessment of the problem

British Pregnancy Advice Service (BPAS) and Marie Stopes clinic provided evidence of the anti-social behaviour suffered by service users and staff. This can be seen in Evidence pack 1. We believe this is clearly anti-social and causes distress to women and girls going to the clinic, as well as staff.

To help us fully understand the nature of this issue and the ‘unreasonableness’ of the activity, before deciding whether or not develop a draft PSPO and assess this evidence (including the material used by anti-abortion campaigners), we have also sought the views of local professionals (CCG Chair (GP), Director of Public Health, Mayor’s Office for Policing and Crime).

The “Back-Off” campaign mentioned in evidence 1 pack is co-ordinated by BPAS and has a wide range of support from organisations including the End Violence Against Women Coalition, the British Medical Association, the Royal College of Midwives, the Royal College of Obstetricians and Gynaecologists and Rape Crisis England and Wales.

We have also considered the potential impact of any PSPO to tackle this issue on specific sections of the community in order to comply with the public-sector equality duty under the Equality Act 2010. Our draft impact assessment is a working document which will be updated throughout the consultation, until we reach a decision.

Our proposals

Based upon the evidence, and the powers available to us, we believe that there is sufficient evidence to consult widely on a draft PSPO for the following sexual reproductive health clinics in the Borough:

  • British Pregnancy Advice Service, Streatham
  • Marie Stopes Clinic, South London Brixton

We have looked at the evidence provided by BPAS, Marie Stopes and others to help shape the scope of a Draft PSPO for these locations. Our draft PSPO sets out:

  • what the detrimental activities are
  • what is being prohibited and/or required, including any exemptions
  • the area covered (Please see draft PSPO below)
  • the consequences for breach
  • the period for which it has effect

In summary, our draft PSPO:

  1. Prohibits behaviour that intimidates or seeks to dissuade service users from accessing health services in Lambeth or otherwise causes, or is likely to cause, harassment, alarm or distress to such persons. This includes but is not limited to signs, speeches, leaflets, chanting and throwing of water on service users and staff; and

  2. Prohibits the distribution of leaflets and other materials, and speeches, that seek to dissuade service users from accessing services by relaying false information on abortion or otherwise causes, or is likely to cause, harassment, alarm or distress to such persons.

The maps show where this activity is prohibited around/adjacent to: