🔍 Enforcement Officers & Your Rights…

🛑 Know Your Rights: Dealing with Brent Enforcement Officers under a PSPO

Public Spaces Protection Orders (PSPOs) are used by councils like Brent to curb anti-social behaviour. Enforcement Officers—either from the council or private contractors—are authorised to act under these orders. Here’s what you should know about their powers and your rights!

🔍 If You're Approached by an Enforcement Officer

You can politely ask to see ID or authorisation. Officers must be authorised by Brent Council and should carry identification confirming this.

📱 You have the right to record any interaction in a public space. Using your phone to film is legal and helps ensure accountability.

✅ What a Brent Enforcement Officer CAN DO Under a PSPO:

• Enforce PSPO restrictions
  E.g. no public drinking, loitering, dog bans in parks, etc.

• Request your name and address
  If they reasonably believe you've breached the PSPO.

  🛡️ Reminder:

  If an officer asks for your name and address due to a suspected PSPO breach, you must comply — refusing is an offence.
  However, only a police officer can compel you physically or arrest you if you refuse.

  Issue Fixed Penalty Notices (FPNs)
  Usually up to £100, instead of prosecution.

• Gather evidence
  This includes taking notes, photos, or witness statements.

• Liaise with the police
  For serious incidents or if someone refuses to comply.

❌ What a Brent Enforcement Officer CANNOT DO:

• ❌ Use force or detain you
  They are not police and have no powers of arrest.

• ❌ Search you or your property
  Only police can conduct searches with legal grounds.

• ❌ Enter your home
  PSPOs apply only to public spaces.

• ❌ Act outside their authorised area
  Their powers are valid only within Brent Borough.

• ❌ Issue fines outside the PSPO scope
  Officers can only enforce specific behaviours listed in the current PSPO.

🎥 If You’re Being Filmed (Body-Worn Cameras)

Your Rights:

Under the Surveillance Camera Code of Practice (Protection of Freedoms Act 2012):

• Officers must inform you when they start recording, unless it’s not practical.

• Cameras should have visible indicators (flashing lights or screens).

• Officers should say:

  “I’m now activating my body-worn camera and audio recording.”

🧾 Asking About Body-Worn Footage

You are legally entitled to ask about recordings that involve you.

✅ What You Can Ask:

1. “What will this footage be used for?”
   Use, storage, and who will see it.

2. “Can I request a copy of this footage?”
   Yes — under a Subject Access Request (SAR).

3. “Who controls the footage?”
   Typically Brent Council is the data controller, even if a private contractor recorded it.

4. “How long will it be kept?”
   Usually 30–90 days, or longer if it’s needed as evidence.

📥 How to Request Bodycam Footage

Submit a Subject Access Request (SAR) to: 📧 data.protection@brent.gov.uk
Or use the official SAR form on the Brent Council website.

Include:

• Date and time of the incident

• Location

• Description of yourself or the event

• Why you’re requesting the footage

⚠️ Be Aware Of:

• Vague PSPO wording — Ask for specifics if you're told you're breaching a condition like “causing a nuisance.”

• Officers overstepping — Remember: they can't detain or arrest you.

• Police involvement — Police have greater powers, so know your rights with them too.

🛑 Your Rights – PSPO Enforcement (Brent)

📣 Statement to Officer:

"Under what pretext have you stopped me, intimidated me, and ultimately caused me distress?"

"I am peacefully exercising my rights. Please state clearly the legal grounds for your actions."

✅ Lawful Response They Should Give:

“I am an authorised officer under Section 67 of the Anti-social Behaviour, Crime and Policing Act 2014.

I have approached you because I reasonably believe you may be in breach of a Public Spaces Protection Order (PSPO) in this area.

I am requesting your name and address, which I am lawfully entitled to do under Section 68 of the Act.

This is a voluntary conversation, and you are not being detained. It is not my intention to cause you any distress.”

⚠️ If they do not or cannot provide this:

You may be within your rights to refuse further engagement and submit a complaint for misuse of authority or harassment.

⚖️ Disclaimer:

This guide is for informational purposes only and does not constitute legal advice. For legal support, contact a solicitor or legal rights group.