Homelessness and public spaces

CPN appeal – homelessness provisions

Posted on 18 May 2022

Liberty acted as lawyers for a Bulgarian man who had been given a Community Protection Order (CPN) that forbade him from pitching a tent, using a sound amplifier or making excessive noise in any public place in London and even ‘loitering’ on a pavement or public road without a pre-arranged appointment which could be confirmed at the time of being approached by the police.

Liberty challenged the Metropolitan Police for their decision to issue the CPN. Liberty said that the Metropolitan Police breached the human rights of their client by issuing him with the notice and that some of the conditions were so unclear as to be incomprehensible. Liberty argued that the police had failed to issue the CPN correctly, as he had not been given a warning that allowed him to control his behaviour before the CPN had been issued. The Metropolitan Police had also failed to inform Liberty’s client of his right of appeal in a language that he understood, as required by law.

Among other legal arguments, Liberty said the terms of the CPN interfered with the client’s right to human dignity, privacy and even the freedom to protest against the CPN issued against him. Liberty said that the conditions went much further than it was necessary and proportionate to address the behaviour which had led to the CPN being made.

On considering the grounds of appeal and correspondence by Liberty, the Metropolitan Police revoked the CPN and confirmed it had deleted it from the Police National Computer; proceedings were discontinued as a result.

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