Plan to ban face coverings 'would be unenforceable'

A ban on masks and face coverings in Southend would be legally unenforceable, according to a report.

Southend-on-Sea City Council is due to discuss a motion to prohibit the wearing of balaclavas, ski masks and scarves used to conceal someone's identity for the purpose of intimidation, crime or anti-social behaviour.

However, a report to the council's cabinet warns it would be impractical, be difficult to enforce and disproportionately affect people wearing coverings for religious, cultural or medical reasons.

Martin Terry, cabinet member for community safety, said: "There's no real legal way that you can do that. Where these things have been introduced, it is very, very difficult to enforce."

The cabinet is due to discuss proposed changes to the Public Spaces Protection Order (PSPO) and any consultation on 2 March, according to the Local Democracy Reporting Service.

The motion was put forward by Conservatives Jack Warren and Colin Campbell, citing concerns about groups covering their faces in the city centre.

But council officers found there was not the evidence required to amend a PSPO, which can be varied only when there is a persistent and ongoing pattern of behaviour causing significant detriment to local communities.

They also warned that issuing penalties to people would be "implausible", as council officers cannot compel people to give their names and addresses.

Any enforcement would fall to Essex Police under existing legislation, which allows officers to order people to remove face coverings worn to conceal identity.

The report also noted that the majority of likely offenders might be juveniles, meaning PSPO fines cannot be issued, and that any amendment could face legal challenges on human rights or equalities grounds.

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