Crying, arguing, moving furniture and banging on walls could all see Britons slapped with a Community Protection Notice. Designed to protect people’s quality of life, the notice could lead to a £2500 fine. The notice’s are issued to people following complaints from neighbours, with a £100 on the spot fine given first. This rises to £2500 if it is disputed in court and the you lose.
And it isn’t just a vague threat, with a freedom of information request carried out by The Sun finding one person in Newcastle-Under-Lyme issued with notice to not “create any wailing, jabbering, crying and hammering on the wall type noises”.
What is a Community Protection Notice?
The notice falls under the 2014 Anti-Social Behaviour, Crime and Policing Act, created when Theresa May was home secretary.
Local Authorities, police, private registered providers of social housing, charitable housing trusts or housing action trusts that have been designated by a local authority in its area can all issue a CPN.
To be given one, your behaviour must be:
And it isn’t just designed to stop behaviour – it can also be used to make people start doing things too.
Some councils have used the orders to ensure dog walkers carry sufficient numbers of poo bags with them, or to punish those who leave their refuse bins out for too long.
Offenders must be sent a written warning with instructions to stop (or start) doing certain things before a penalty can be issued.
There is no time scale given with the warning – so it could be a matter of days before the complaint is escalated.
Can a Community Protection Notice be contested?
Yes, these can be appealed in a magistrates court, however it must be complied with in the interim period. Appeals must be made within 21 days of the notice being issued.
Grounds for appeal include that whatever is being complained about didn’t happen, doesn’t affect other people’s quality of life, isn’t persistent or continuing in nature, is not unreasonable or is not something that can reasonably be expected to be under your control.
There are also grounds for appeal if you think the notice was issued to the wrong person, or if you think the requirements are unreasonable.