The right to protest is strongly protected by UK law.
People are legally entitled to gather, demonstrate and express their views, even where those views are unpopular or controversial.
The law recognises that protests may sometimes be noisy, disruptive or cause offence to others. Activity that residents find upsetting, inconvenient or uncomfortable is not automatically unlawful as part of a protest.
When protest activity becomes unlawful
Public authorities can only intervene when specific legal thresholds are met.
Examples where enforcement action may be possible include:
- Serious disruption, such as blocking key roads or preventing access to essential services.
- Criminal damage, including vandalism or graffiti.
- Harassment, threats or intimidation that meet the relevant legal tests.
- Public order offences involving violence or disorder.
- Trespass or obstruction that prevents lawful access to land or property.
Behaviour that might ordinarily be considered anti-social may, in some circumstances, still be lawful if it forms part of a protest and is protected by rights to freedom of expression and assembly.
Police powers in relation to protests
The police do not have a general power to prevent or ban protests.
Their role is to monitor activity, maintain public safety, prevent escalation, gather evidence and intervene where legal thresholds are met.
The police may take action where there is serious disruption, criminal behaviour or a breach of any conditions imposed on a protest.
Where these thresholds are not met, police powers may be limited, even where residents are experiencing disruption or inconvenience.
Our powers and limitations
We do not control protests and have limited direct enforcement powers. We may be able to respond to specific issues such as environmental health concerns, littering or graffiti.
The law gives strong protection to the right to protest under Articles 10 and 11 of the Human Rights Act. This includes the ability for protests to be visible, heard and, to a degree, disruptive - as this is often the purpose of a protest.
For this reason, we usually cannot take action against noise if it is part of a lawful protest. This is because the law allows protests to be heard and noticed, even if the noise causes disturbance. We would only be able to act if the behaviour goes beyond protest and becomes a clear legal offence.
For example, we can act on specific noise related offences such as the Control of Pollution Act 1974 loudspeaker provisions, which prevent the use of loudspeakers between 9pm and 8am the following morning.
Any restrictions on protests must be lawful, necessary and proportionate - in simple terms, this means there must be a clear and strong reason for taking action, and it must be the minimum needed to deal with the problem. If restrictions go too far, or are not properly justified, they are likely to be challenged and overturned in court.
We have considered the use of Public Space Protection Orders in relation to protests, however, they are unlikely to withstand scrutiny by the courts, as the legal balance tends to favour the right to peaceful protest over the impact of noise on residents.
Why action can sometimes feel limited
The law places significant weight on the rights to freedom of expression and peaceful protest.
As a result, the impact on residents does not automatically outweigh the rights of those taking part in a protest. Public authorities are required to balance competing rights, including:
- The right to protest and express views.
- The right of residents to live free from harassment, intimidation and serious nuisance.
Achieving this balance can be difficult and may feel unsatisfactory to those affected by protest activity.
Alternative legal routes
In some circumstances, other legal remedies may be available.
For example, affected landowners or businesses may seek a High Court injunction where there is evidence of ongoing unlawful behaviour. An injunction can place specific restrictions on activities and breaching an injunction can result in serious legal consequences.
Whether an injunction is appropriate depends on the facts of each case and it is not a remedy that is generally available to councils or individual residents.
What residents can do
Residents should report incidents to the police using 101, or 999 in an emergency.
It can also be helpful to keep a record of:
- Dates and times.
- The nature of the behaviour.
- Any impact experienced.
Reporting incidents helps agencies build evidence and assess whether legal thresholds for intervention have been met.
