A recent study reveals a disturbing trend in local governance across England and Wales, with one in five councils implementing bans on swearing under Public Spaces Protection Orders (PSPOs). This significant increase from one in twenty councils in just two years raises concerns about the overreach of local authorities and highlights how these regulations are criminalising everyday activities.
The Rise of Public Spaces Protection Orders
Initially designed to combat serious antisocial behaviour, PSPOs have morphed into tools for controlling a variety of mundane actions, according to a report from the Campaign for Freedom in Everyday Life. The organisation’s findings, derived from freedom of information requests to 319 councils, indicated that 271 of the 297 responding councils had at least one PSPO in effect. These orders, which can contain multiple restrictions, have led to over 1,000 new laws being enacted, often without public consultation or oversight.
Josie Appleton, director of the Campaign, expressed alarm at the proliferation of these regulations. “Councils have introduced a swathe of bizarre bans that will turn ordinary people into unwitting criminals,” she stated. The report highlights a worrying trend: activities as innocuous as standing in groups, shouting, or even picking up stones are now subject to fines.
An Explosion of Fines
The enforcement of these PSPOs has resulted in a record number of penalties, with councils issuing around 25,000 fines in 2025 alone. Alarmingly, 75% of these penalties were handed out by private enforcement companies, who are incentivised to maximise fines due to their pay-per-fine model. This raises questions about the motivations behind these punitive measures and their impact on community relationships.
The fines are set to increase significantly, from £100 to £500, following the passage of the crime and policing bill through Parliament. Although the government faced opposition in the House of Lords over profit-driven fines, it has opted to amend statutory guidance rather than outright ban the practice.
Restrictions on Everyday Life
The scope of PSPOs extends beyond swearing to encompass a range of everyday behaviours that many communities view positively. In Bury, for example, 17-year-old Charlie Wilson, a participant on Britain’s Got Talent, was handcuffed by police and fined for busking, despite attracting an enthusiastic crowd. “Everyone’s enjoying it,” Wilson remarked, questioning whether bringing joy to the public was now a criminal act.
Similarly, in Leicester, a political campaigner in her seventies faced penalties for flying a flag without council approval. Activists report that obtaining such permission is almost impossible, effectively stifling public expression and community engagement.
Appleton noted that many PSPOs afford significant discretion to individual officers, allowing them to arbitrarily determine whether a person’s behaviour constitutes a violation. For instance, Gosport has prohibited sitting or loitering in a way that could cause “harassment, alarm, distress, nuisance or annoyance to any person,” while Lancaster has banned groups of two or more from causing annoyance.
The Subjectivity of Enforcement
Critics argue that the lack of clear definitions for terms like “annoyance” creates a subjective standard that can be easily manipulated by law enforcement. One council spokesperson defended their approach, stating that “swearing or shouting are not offences in themselves,” yet actions are taken only when such behaviours cause distress to others. This rationale raises concerns about how subjective interpretations can lead to widespread criminalisation of harmless actions.
Why it Matters
The implications of these findings are profound, as they reflect a growing trend of local authorities encroaching on civil liberties under the guise of public safety. The increasing number of PSPOs not only threatens the fabric of community life but also undermines the very principles of democratic oversight. As councils continue to impose restrictions on everyday activities, it is crucial for citizens to remain vigilant and demand accountability from their local governments. The right to express oneself freely and engage in community life should not be criminalised, and the time has come for a critical reassessment of these regulations.
