DULGHERIU v EALING LBC (2019) EWCA Civ 1490 concerned the validity of a Public Spaces Protection Order ( “ PSPO “ ) made by the Council under Section 59 of the Anti-Social Behaviour Crime and Policing Act 2014 prohibiting anti-abortion protests in the immediate vicinity of a family planning centre. The PSPO was upheld.
There were two main issues : first, whether a local authority has power to make a PSPO where the activity to be regulated impacts only or primarily on the quality of life of occasional visitors to the locality, rather than on those who reside or work in the locality or visit regularly; and, secondly, whether the restrictions imposed by the PSPO were compatible with ECHR Articles 9, 10 & 11. The answer to both questions was : “ Yes”.
The Court of Appeal concluded ( paragraph 69 ) that the Council was correct to interpret the expression “ those in the locality “ in Section 57 (2) (a) as capable of embracing occasional visitors, and were entitled to decide on the facts that the women, their family members and supporters, visiting the Centre, in addition to staff and local residents, fall within the Section.
Moreover, the ECHR Article 8 rights of those visiting the Centre were engaged.
The restrictions imposed by the PSPO were compatible with Articles 9, 10 and 11.