Community Protection

Gating Orders

Paul Collett

Warwickshire County Council-Community Safety

Community Safety Project Officer

Email paulcollett@warwickshire.gov.uk

Gating Orders

Community Protection

What are Gating Orders?• Basic principle is to block a Public Highway that is use for

criminal activity and/or ASB.• First Introduced in County Rights of Way Act 2000

(CROW) for any ‘High crime area’• Improved on in Clean Neighbourhoods and Environment

Act 2005 (CNE) for any area suffering crime and/or Disorder.

• Inserted Section 129 A-G into Highways Act 1980.• Highways Legislation that can only be applied by County

Council.• They are not the same as Alley gating Scheme.

Gating Orders

Community Protection

Section 129A (3)To comply with the law a location must met the following criteria

1. (the) premises adjoining or adjacent to the highway are affected by crime or anti-social behaviour;

2. the existence of the highway is facilitating the persistent commission of criminal offences or anti-social behaviour;

3. It is in all the circumstances expedient to make the order for the purposes of reducing crime or anti-social behaviour.

The circumstances of point 3 should include:– The likely effects on the Occupiers of premises adjoining or

adjacent, – The effect on other users in the area,– In cases where it is a through route, a reasonably convenient

alternative route.

Gating Orders

Community Protection

The Pit Falls• Highly contentious-Various councils that have used them

have end up in court.• Spread of the Idea as the ‘Panacea’ of crime prevention.• Demotes Community Cohesion.• Multiple schemes across the County.• No ownership of these schemes.• Funding issues.• Will effect the community, some more that others.

Gating Orders

Community Protection

Positive outcomes• Proven record of success.• Adaptable-time of closure, location specific, can

meet the needs.• Pro-active measure.• Supports reductions in ASB and other crimes

types.• Can be reviewed to support the communities

changing needs.• Does not change the status of the land.

Gating Orders

Community Protection

The Current situation• Work is progressing to complete the policy, which is

going to cabinet very soon.• Multi Agency approach-Police, District, borough and

Partners working to avoid the contentious points.• Strong lead from County to get this in place-with officers

in place to deliver. • It will include a lead organisation and a named

community safety officer and will make recommendations at an early stage.

• Trial investigations are underway in Rugby and Warwick.

Gating Orders

Community Protection

Conclusion• Seen as the option of last resort.

• Not easy to obtain.

• Contentious.

• They do work.

• WCC working on the problem in a proactive manner.

Gating Orders

Community Protection

The Overslade Gating Order Request

• Proposed gating of ‘The Jitty’ from Marlborough Road to Overslade Lane.• Proposed by the Residents association and the Safer Neighbourhood

Team.• Initial visit planned followed by a needs assessment.• An evidenced based investigation will follow.• There will be 2 Consultations with the public on this request.

Gating Orders

Community Protection

Any Questions?

For further information Email:

paulcollett@warwickshire.gov.uk