The Administrative Division of the High Court have dismissed an appeal by way of case stated, brought by a local authority in respect of their power to issue Community Protection Notices (‘CPNs’) to parents.
Rupert Jones was instructed for the Respondent mother who had been issued with a CPN to require her to take steps to control the anti-social behaviour of her child. The Respondent successfully appealed the CPN at the Magistrates’ Court, but the local authority challenged the court’s interpretation of the legislation, namely section 43 of the Anti-Social Behaviour, Crime and Policing Act 2014.
In the High Court, Rupert submitted that the CPN regime did not allow local authorities to serve CPNs on third parties, such as parents, save in limited circumstances prescribed by Parliament. Further, Rupert argued that the legislative framework, including the existence of parenting orders and parenting contracts, meant that the strained interpretation of the legislation relied on by the local authority should be rejected. The court accepted these submissions and dismissed the appeal.
The judgment can be found here: https://www.bailii.org/ew/cases/EWHC/Admin/2020/962.html