Areas that are designated as "public sex environments"

Freedom of Information Request Reference No:
I note you seek access to the following information:
1. I would like to request details on how many areas are designated by your force as
'Public Sex Environments'; where they are; and
2. Any data you have collected in the past three years on the activities and policing
strategies for these 'PSEs'.
I would be interested in any information and any document held by your organisation
regarding my request.
On 22/04/2013 you re-defined your request to the following:
I know that some police forces in the UK designate certain public areas eg woods,
heaths, as 'public sex environments' or PSEs, if only for their own internal documents. I
would like to know if you have designated any areas as such, in which case, how many
and where? - and any policy/ strategy documents or reports you have that cover this
issue.
DECISION
I have today decided to disclose the answer to Question 1 and partially disclose the
information requested for Question 2 with information redacted pursuant to section
31(1)(a)(b) of the Act.
This letter therefore serves as a Refusal Notice under Section 17(1) of the Freedom of
Information Act 2000 (the Act).
Please find below the answer to Question 1 and attached is a redacted version of the
Public Sex Environment (PSE) Guidance adopted by the MPS in response to Question
2.
Question 1
I would like to request details on how many areas are designated by your force as
'Public Sex Environments'; where they are.
Answer
The Metropolitan Police Service (MPS) is aware of a number of established Public Sex
Environments (PSE's) across London, however, PSE's are not "designated" by the MPS
or any other public authority and so this information is not held for the purpose of the
Act.
Question 2
Any data you have collected in the past three years on the activities and policing
strategies for these 'PSEs'.
Answer
The MPS is committed to making PSE's, which are used by a diverse range of users, a
safe place. We have developed specific corporate guidelines, which are attached,
relating to the policing of PSE's in 2009. This guidance was developed after consultation
with a diverse range of informed external partners, including the Lesbian, Gay, Bisexual
and Transgender (LGBT) Independent Advisory Group and Galop. As a living document
this guidance will continue to evolve in light of organizational learning. It should be
consulted by police officers, police staff and their managers when managing complaints,
incidents or police operations. This Guidance has been made available to all MPS staff
and in particular has been circulated to all the MPS Borough Commanders and its 220
LGBT Liaison Officers. Boroughs are actively encouraged to identify the PSE's in their
area to assess, identify and police crimes patterns. The Guidelines, although attached
have been redacted under the following exemption:
Territorial Policing Command
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Explanatory Notes
This guidance has been developed to be published as a web based resource on the Metropolitan
Poli ce Service (MPS) inte rn al Intranet site . The reasoning behind this is that we will be able to
easily update the guidan ce with case studies and good practice , and with details of support and
partner organisations as relationships develop .
However this means that the actual guidance will only be fully ac ce ssible when viewed on the
MPS internal Intranet system as the hyperlinks will not work .
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Consequently this version has the Intranet hyperlinks removed (external weblinks remain) , and
comment boxes in their place explaining what information the hyperlink took you too . This
document contains a series of attachments which will appear as hyperlinks in the police version
as opposed to appended documents .
Comments on this draft should be forwarded to either Ray Rogers (MPS) or Carl Wonfor
(Association of Chief Poli ce Office rs (ACPO)) at the addresses below :
Foreword
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Raymond . rogers _ met . police . uk
I have pleasure in introducing the first MPS corporate guidan ce relating to th e Policing of PSEs
and Public Toilets .
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PSEs are used by a diverse range of users such as local residents , dog walkers , people engaged
in leisure activities and people - primarily men - engaged in consensual sexual activity . PSEs are
complex environments and the use of them for sexual activity is an emotive issue , which is more
often than not exace rbated by negative stereotypes and prejudicial views .
In a similar vein , the same holds true for consensual se xual activity , which takes place in public
toilets .
However , as a Service committed to the protection of Londoners , we must never lose sight of the
fact that PSEs can also be dangerous places where major crimes such as rape , serious sexual
offen ce s , serious assaults and robbery take place in and around the sites and go un-reported . It
is our responsibility (with our pa rtners) to make such places safe pla ces for all users , and prevent
and detect crime . It' s not our role to act as moral arbiters ; we must enforce the law
propo rtionately , firmly , fairly and in an even-handed way .
The manner in which we poli ce PSEs and Public Toilets (used for consensual sex) will determine
how we will be perce ived by the local communities , PSE and Toilet users , Lesbian Gay Bi-Sexual
Transgender (LGBT) people and LGBT Organisations . We must acknowledge the negative
impact on LGBT people ' s trust and confiden ce in us if we act in a parochial and ill-judged way.
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This guidan ce, which is founded on best practice from previous police e xperien ces and tested
case studies , offers sound advi ce and information on how the MPS can poli ce and manage PSEs
and Public Toilets in a proportionate and fair manner.
I wholly commend this guidance to you and encourage you to consult it on eve ry occasion that
you deal with crimes , complaints or other incidents , which have occurred in such environments .
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Mark Simmons
Commander
Territorial Policin g
1.
Purpose of this Guidance
It is the responsibility of the Police Service to protect and uphold the human rights of all
citizens. This includes males and females affected by PSEs and also those who engage in such
activity .
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The aim of this guidance is to improve the quality of service provided by the police service when
policing PSEs . This will be achieved by :
Providing an overview to develop an understanding of PSE s
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Highlighting the policing challenges the e xistence of a PSEs presents
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Highlighting the Issues that need to be considered when policing PSEs .
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Giving e xamples where the Police Service has successfully managed complaints
against users of PSEs .
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Referring to a number of Pa rtnership agencies who cannot only suppo rt the policing
of PSEs , but also help b ri ng about sustainable solutions and raise safety standards
for the users of PSEs .
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Sharing good practice through case studies that highlight good exa mples of tactical
options for policing PSEs .
The guidance recognises that PSEs are complex environments and that the police have a key
role in ensuring that they are safe places for all users . The management of PSEs is a wider issue
involving various agencies and partners that the service must seek out and build relationships
with if we are to successfully police them .
PSEs are public locations where people visit and engage in consensual sexual contact . The
persons can be same sex or opposite sex .
The use of public and often open-air environments for sexual activity is an emotive issue on
which many people may hold strong and sometimes prejudicial and stereotypical views . It is a
fact of life that many people make use of public spaces to engage in sexual activity . Dependent
upon the nature of the sexual activity, this determines the name the location is often referred to .
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In general, locations where heterosexual couples resort to together are known as 'lovers lanes or
if this is to meet previously unknown partners for sexual activity this is often referred to as a
'dogging site' with the sexual activity being referred to as'dogging .'
In general, locations used by gay men to meet previously unknown men for sexual activity are
often referred to as 'cruising grounds' with the sexual activity being referred to as 'cruising' or in
the case of public toilets it is known as'cottaging .'
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For purposes of clarity and to ensure equitable treatment of all people visiting these areas , such
locations are referred to as ' PSEs ' . In helping to develop this guidan ce many individual poli ce
forces have indicated that many of the PSEs in their areas consist of both dogging and cruising
activ ity .
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It must be pointed out that there is a great diversity in the people who visit public sex
environments and it is not possible to generalise on the type of person most likely to visit a
PSE . However , we also need to acknowledge that many PSEs include dogging and cruising at
the same locations and their presence can have an adverse impact on the quality of life of the
legitimate users of these public locations , including the presence of unhygienic li tter, witnessing
sexual acts taking pla ce and a rest ri ction in the use of the open spa ce for legitimate
purposes . On th e other hand , the impact of enforcement can also be severe and rarely resolves
the community problems associated with the existen ce of a PSE . This impact can include
humiliation , breakdown of relationships , the 'outing' of gay men who were living in a heterose xual
relationship and even suicide of persons who may have been arrested and charged .
2.
Scop e
The guidance does not cover :
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It is intended therefore that this National guidan ce will help the police servi ce to develop effective ,
multi-agency partnerships and operational tactics to deal with problems associated with PSEs , in
a way which stri kes a balan ce between the human ri ghts of legitimate users of open space s and
the human rights of those people who frequent open spaces for the purposes of having a se xual
relationships with other like minded people . In such a way the Police Service will be able to
demonstrate its effo rts to treat and respect all people equally and fairly .
Commercial Sexual Activity for example, Prostitution
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Activity in Saunas and similar establishments . These are often referred to as public
sex venues (PSV's )
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The guidance does cover :
Any open space, public or private that is habitually used for the purpose of engaging
in consensual same sex and opposite set sexual activity.
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Public sex in toilets . Although it is acknowledged that legislation (section 71 of th e
Sexual Offen ces Act 2003) deals with sexual activity in a public lavato ry and there
will always be a need to enforce the law in public toilets as with sexual activity in a n
open space, there may also be a pressing need to seek out a longer term solutio n
which is citizen focussed and therefore community based which enfor cement cannot
always achieve . It is in this respect public se xual activity in toilets is included to
encourage the use of some of the good practices included in this guidance to use
effective multi agency solutions to deal with this specific type of problem .
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3.
How to use this guidanc e
3. 1 . This guidance document is web based and contains a number of hyperlinks to useful
documents and external organisations . Being web based , the intention is that th e
guidan ce can be updated with examples of good practice , and links to pa rtner
organisations .
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3.2. To have additional links considered please refer to the Contacts at section 9 .
4.
Definitions
For the purpose of this guidan ce a public sex environment or PSE is any open space , public or
p ri vate that is habitually used for the purpose of engaging in consensual sexual activity . This
definition includes those areas commonly referred to as 'cruising grounds' or ' dogging grounds' .
Where hate crime is referred to in this guidance it relates to ;
Any hate incident , which constitutes a c ri minal offence, perceived by the victim or any other
person , as being motivated by prejudice or hate .
5.
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(Hate Crime : Delivering a Quality Servi ce - Good Practice and tactical guidan ce - Association of
Chief Police Offi ce rs available at http ://www.acpo. police . uk/asp /policies/Data/Hate%20Crime . pdfl .
An overv iew of PSEs
5 .1 . Types of PSEs
5 .2 . Identifying PSE s
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PSE's are common across the country and vary in type, size and activity, one common feature is
that they will be known as areas where an individual can go to engage with others in sexual
activity .
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A large number of PSE ' s are well known and established , however other PSE' s will be less well
known or tempora ry in nature and can include lay byes , car parks and other public spa ces .
5 .3 . Legality of PSEs
PSE ' s have no legal designation and the term is merely used to describe an area that is used by
individuals for sexual activity . Therefore there is no offen ce of being found in a PSE , nor do the
police have any power to eject an individual from a PSE unless other legislation or regulations
exist .
The exi stence of a PSE or ' cottage' does not grant the police additional powers . The use of
e xi sting legisla ti on or policies and pro cedures must always be referred to such as for stop and
search , stop and account or being required to give name and address .
5 . 4 . Offences within PSE s
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People that use PSE's do not as a matter of course commit a criminal offence by being there . It
is an individual's behaviour that may constitute a criminal offence dependent on the
circumstances and the complaint that may have been made .
It is a c ri minal offence for a person to have sex in a public toilet (Section 71 , Sexual Offence s Act ,
2003)
It is not against the law for ;
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People to loiter or walk around a PSE with the purpose of meeting others .
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People to engage in conversation or activity that does not contravene existing
legislation .
Offences that could be committed are ;
Outraging Public Decency contrary to Common Law .
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Behaviour that is likely to cause harassment, alarm or distress to other users contrary
to the provisions of the Public Order Act 1986 .
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Offences of Exposure This offence is contained within the Sexual Offences act, but it
is worth noting this offence is committed only if the person exposes themselves to
someone intending that someone will see them and be caused alarm or distress .
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Sexual activity in a public lavatory. This offence is contained within the Sexual
Offences act.lt is important to recognise that the legislation applies to anyone
regardless of sexual orientation or gender and previous offences of 'gross indecency'
and 'buggery' have been repealed . For details of the full legislation follow this link ;
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hftp ://www.opsi .gov .uk/ACTS/acts2003/20030042 .htm#aofs
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Local byelaws or prohibitions .
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It should also be considered that offences can be committed against people who are
using these areas for the purpose outlined above and by persons passing through
them .
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As already mentioned , the existen ce of a PSE does not give the poli ce additional powers not
granted elsewhere. Such as Stop Search /Account or being required to give their name and
address .
5 .5 . European Convention of Human Rights and Fundamental Freedoms
Wi th in the United Kingdom the European Convention of Human Rights has been ensh ri ned in the
Human Rights Act 1988 . It should be recognised that under the Act the following rights are
conferred on individuals ;
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The ri ght to freedom of assembly and association with others (A rticle 11) .
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The ri ght to respect for his private and family life , his home and his corresponden ce
(Article 8 )
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No restriction is pla ced on these rights other than such as are prescribed by law and are
necessa ry in a democratic society in the interests of national security or public safety , for the
prevention of disorder or crime , for the protection of health or morals or for the protection of the
rights and freedoms of others.
These rights should be considered in conjunction with Section 5 .4 above in recognition that
associating in a public place and engaging in lawful activity are protected under the convention .
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In addition , when responding to a specific complaint of public se xual activity any response should
be p ro po rtionate , necessary, legal and accountable .
For further informati on on the Human Rights Act 1988 follow this link;
hftp ://www.opsi .gov.uk/acts/actsl998/80042--d .htm
5 . 6 . PSE users being asked to accoun t
As outlined in sections 5 .3, 5.4 and 5 .4 above , the presen ce of an individual within a PSE is not
illegal and it is therefore essential that police o ffi cers and staff do not prejudge individuals within
PSEs .
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The fact that a person is in a known PSE does not give grounds for a police offi cer to stop a user
and ask for an account of their presence in that area , nor does it give the police autho ri ty to ask a
person to leave unless by laws or other legislation exists . The grounds for any such police action
should be lawful , intelligence led and accountable .
5 .7 . The use of PSEs
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The fact that a user may have condoms or other items that may be used during se xual activity on
their person , does not allow a poli ce officer to question them fu rther regarding their presen ce
within a PSE . The possession of such items is legal and the provision to a right to p rivacy
requires that any call to account for their possession by the poli ce should be ne cessa ry, legal and
accountable .
6.
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There have been numerous academic surveys that have a ttempted to rationalise the use of PSEs
with no definitive answer being found . Some conclude that the anonymity of the sexual encounter
is a motivation , others that the ri sk element plays a key pa rt. For others , personal circumstan ces
may dictate a need for secrecy which a PSE may provide . In any event it is not for the poli ce to
take the role of moral arbiter , the poli ce role is to ensure that any complaints are dealt with fairly
and professionally and that where individuals are engaged in lawful activity they may do so safely .
The Policing of PSEs
6 .1 . Changing Dynamic s
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Historically PSEs have been linked primarily with gay and bise xual men , reinforced by previous
legislation that provided an offence of gross inde cency specific to those people . As a
consequen ce policing activity would often be focused on pro-active enforcement of this legislation
often in the absen ce of specific complaint. Ostensibly, PSEs were considered by the police solely
as an LGBT issue . Coupled with this is a legacy of lack of confiden ce in th e police by many within
the LGBT community which dates back to pre 1967 when ' homose xuality' was illegal . The
situation within PSEs has changed over the past 10 years . A number of high profile incidents
highlighted th e e xi stence of people who regard themselves as heterosexual and take pa rt in
consensual sexual activity in a way that had been previously not been identified . This activity
includes couples attending PSEs where they are watched by a number of other people , the
formation of a group of people with one or two central figures providing services to several
recipients , and other types of multiple pa rtner activity .
The attendance of persons at PSEs is something that affects many pa rts of the country and
although there is some suggestion the activity is markedly reduced , there are still issues
surrounding safety of people a ttending such environments and the dangers that they face .
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This guidan ce recognises that our understanding of PSEs has changed and as a consequence
the approach to policing them needs to change accordingly .
It is now recognised that ;
Previous meth ods of policing PSEs have adversely affected the relationship between
the police and communities.
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Previous meth ods of policing PSEs have discouraged users from repo rting crime to
the police .
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In light of the above , serious offences are being commi tted against users of PSEs
that are going unrepo rted for e xample serious assault, robbery and so on
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Criminals are commi tt ing offences within PSEs knowing th at the victims are unlikely
to report them to the poli ce .
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That unless research and analysis suggest otherwise , it should not be assumed that
PSEs are an LGBT issue . (An increasing cause of complaint con ce rn sexual activity
between heterose xual /bise xual couples , voyeurism and men who have sex with men .)
It must be noted that most poli ce forces repo rt dogging and cruising activity often
take place in the same locations .
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That PSEs should be considered as pa rt of any local policing plan and included in
mainstream policing .
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That in the absence of specific complaints, crime prevention and public safety for
all users should be the key priority for policing PSEs .
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That consensual sexual activity can be upsetting and distressing for other people
who witness it, and that specific complaints should be investigated in accordan ce
with Section 7 .2. 1 below .
6 . 2 Human -Rights Considerations
Pa rt 1 of Schedule 1 to the Human Rights Act 1998 sets out the Convention Rights .
A rticle 8 of the European Convention on Human Rights and Fundamental Freedoms
provides for the right to respect for private and family life .
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Pa rt 1 of Schedule 1 to the Human Rights Act 1998 sets out the Convention rights .
A rticle 11 of the European Convention on Human Rights and Fundamental Freedoms
provides for the freedom of assembly and association .
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It is the responsibility of the Poli ce Servi ce to protect and uphold the human rights o f
all citizens . This includes people affected by PSEs and also those who engage i n
such activity. Any action taken by an officer MUST be lawful , necessa ry, an d
proportionate and informed by the best information reasonably available, such as a n
account from a witness . We need to ensure that all actions and managemen t
decisions are well documented to ensure accountability, transparency and legitimac y
of action . It is the poli ce office r who has to justify and demonstrate th e
appropriateness and fairness of action taken .
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7.
Policing Methodology
7 .1 . Identifying and profiling your PS E
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hftp ://www .opsi .gov .uk/acts/actsl 998/80042--d . htm
E xp erience has shown that the successful policing of a PSE is based on thorough research and
analysis from two key perspectives ;
Reviewing complaints regarding sexual activity in public relating to the PSE .
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Reviewing crime repo rts , intelligence, open sources and consulting with other
organisations to establish levels and types of criminality and activity occur ri ng within
the PSE .
7 .1 .1 . Conflicting User Groups
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It is possible that research may identify that the PSE has been subject of both complaint and as
an area where users are vulnerable to crime . It is important that any policing approach takes
account of both , and that it is not an 'either or' option . It is essential however that as police we are
accountable for any approach so that engagement activity is not seen as condoning sexual
activity in public but engagement focused on public safety , and conversely that any enforcement
ac tion is based on a specific complaint .
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In many cases research may indicate that a PSE will cater for different user groups without
conflict, for e xample a public park may only become a PSE at night time when other user groups
are not present , and therefore complaints do not a ri se. If such a sce nario exists then a focus on
public safety should be the priority .
If conflict between user groups is identified then it is that conflict that should be managed . For
e xa mple if the conflict between users in a public park is during th e day , then any enforcement
ac tion should focus on that problem at that time.
7 .1 .2 . Geography of the PS E
In terms of ensu ri ng public safety, a key part of the profiling should be the mapping of the PSE ,
identifying its geographic boundaries , entry and exit points and any approach routes and parking
areas . This is important as victims are often targeted by offenders on the routes to and from
PSEs . This should include any parking areas for vehicles and areas within the PSE that may be
used for meeting each other and those that are used for se xual activity . This information will be
useful if poli ce are required to provide an immediate response to any incident or crime .
7. 1 .3.
Research
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Another key aspect to profiling is to produ ce a problem profile relating to the PSE based on
reported crime and criminal and community intelligence and open source material for e xample
media, local newsletters and so on . This should include the PSE and its immediate environs as it
has been known for victims to repo rt crimes va ry ing the location of the incident to areas just
outside PSEs to avoid being identified as a PSE user . When developing research and analysis it
is more advantageous to include all crimes and intelligence relating to the geographic area of the
PSE and not to rely on flagged information such as hate crime . This recognises the point made
earlier that PSEs can no longer be associated with one community unless research and analysis
provides that evidential base . It also recognises that if users are from the LGBT community that
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crimes may be reported without reference to the victim's sexual orientation or without the victim
indicating that they are motivated by homophobia .
Research should also identify the times and or/days when PSEs are active.
7 . 1 .4 Open Source Resources
There are a number of online resources that list PSEs and can assist with profiling (please note
they contain explicit content and nudity) ;
www . squi rt . orq
Swinging Heaven - Dogging Location s
www.swingingheaven .co .u k
Doggersweb - Dogging Locations
www .doggersweb .co .u k
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Squirt - Your neighbourhood cruising site
7 . 1 . 5 Other resources
7 . 1 . 6 Analysi s
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There are many organisations from th e volunta ry sector that are actively engaged in PSE
localities providing safer sex suppo rt. Joint working with such organisations is encouraged as pa rt
of the day today policing of PSEs . Details of organisations that can provide suppo rt and advi ce
are available at the following link C 1
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When analysis is undertaken , pa rticularly in relation to suspects commi tting offen ces against
users within PSEs , it is recommended that it is scoped beyond the Borough Command Unit (BCU)
boundaries . Repo rts and intelligence have shown that offenders travel some distance to PSEs
and consequently relevant crime repo rts or intelligen ce informati on may be held outside the local
policing area . In addition , a single PSE may span several poli ce BCU boundarie s
7 . 2 . Identifying the Policing Prioritie s
The profile will allow you to identify and prio ri tise the policing response . For e xa mple you may
have a PSE that regularly receives complaints about se xual activity in public so the key objective
may be to respond to those complaints .
Research and analysis may indicate that users are being targeted by offenders and becoming
victi ms of crime , the approach th erefore may be focused on intelligence gathe ri ng or crime
reduction .
It is also possible that you may have to deal with both the above issues in relation to one PSE
and plan interventions accordingly .
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It is essential however that any intervention is managed as pa rt of a policing plan , as
indiscriminate or inappropriate policing activity can have a negative impact on users trust and
confiden ce in the police service (and that of community pa rtners co-deployed) . Any plan should
be subject to community consultation and advice .
7 .2 .1 . Managing and responding to complaints relating to Public Sexual Activity
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This section is based upon the ACPO document 'Guidance on Policing of Public Sexual Activity'
published in 2000 . This document incorporates and includes that guidance . Any complaint
regarding public sex activity should be dealt with in four key stages .
Stage I Receipt of Complaint of Public Sexual Activit y
This stage relates to a complaint about public sexual activity that does not require an immediate
policing response . Any complaint that does require an immediate response should be dealt with
in accordance with local force policy and procedures, and any outcome included within any profile
of the PSE .
Within the police service, responsibility and accountability for initial processing of a complaint
from a member of the public should rest with the neighbourhood policing team Inspector .
Stage 2 Scanning and Analysi s
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The Inspector should carry out an initial assessment of the validity of the complaint and apprise
the appropriate member of the BCU senior management team where appropriate . BCU's should
have in place a system to allow a strategic decision and review, in concert with their community
partners and advisors . Stage 1 should conclude with a written decision as to whether to proceed
with any action regarding the complaint. Any such decision should be in considered in light of the
legislation outlined above. Engaging and consulting with appropriate groups and stakeholders
should be considered at this stage .
If further action is required then the next stage should focus on scanning and analysis and should
consider (not exclusively) the following points .
Is the PSE already known to the poli ce and if so what is its profile?
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Does the venue have a pa rticular history of activity ?
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What times of day is the PSE operating and who are the main users , and who are
objecting to the activity taking pla ce?
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What impact are they having on the facility or area ?
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What are the existing issues for the location (increased crime repo rting , vandalism ,
anti-social behaviour and so on) .
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Is th is an isolated complaint or one of several and what does it relate to? that is :
observed sexual activity , unhygienic li tt er or hearsay?
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What is the composition of the surrounding community and locations (pla ces of
worship , schools , cemeteries can all raise emotive con cerns)?
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Is the activity likely to increase tensions or community con cern s?
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Has the issue been raised at community consultative groups or PCCG ?
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Local community groups are a valuable source of information and advice and should
be integral to the scanning pro cess .
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What are the risks involved in both ignoring the issue or intervenin g
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This stage should be carried out as pa rt of the C ri me and Disorder pro cess assuming
that the pa rtnership has the procedures in place to analyse nuisance and quality of
life issues .
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The response should be focused on the nature of the complaint and any action
should seek to deal with that issue . For exa mple if there are repeated complaints
about public sexual activity at a pa rticular time of day then it is that problem that
should be focused on and not activity at other times of day that do not result in
complaint.
Time spent on scanning and analysis will help ensure ;
Police and pa rtners are able to frame the issue in proper terms and in conte xt .
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Action is not (and not seen as) knee jerk .
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That police and partners are able to eviden ce decisions to take action .
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Police and pa rtners are able to counter allegations of negligen ce when decision is not
to take any action .
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It is important to keep the complainant informed of what is being done to examine and address
the concerns raised .
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The scanning and analysis should identify whether the complaint relates to an isolated incident or
is symptomatic of a wider community problem . As with other areas of policing where we rece ive
information from the public, not eve ry complaint will result in a response , it should however be
added to the profile of the PSE . It might be decided that whilst there is a problem , on strategic
grounds it would be inappropriate to take any action . This decision should be taken in
consultation with community pa rtners . The decisions and grounds should be recorded .
At the end of this stage a decision should have been made as to whether any poli ce action should
be taken and what the outcome of any poli ce action should be . Any police action (o th er than a
complaint that requires an immediate response) should follow the stepped response in Stage 3 .
Stage 3 - Stepped Respons e
Step One - Inform and Dissuad e
Use of community outreach workers and partners to inform users of inappropriate
behaviour causing complaint .
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Use of posters (see appendix for examples)
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Messages within local media.
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Use of appropriate leaflets outlining risks , resources , assistan ce, safety advice and if
necessa ry law
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At the end of this step the problem should be reviewed and if necessa ry move to Step 2 .
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Step Two - Situational crime and disorder prevention measure s
The aim of this step is oppo rt unity reduction and the following options could be amongst those
considered ;
Target removal - for example : closure of a facility
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Acce ss control - for e xa mple : revised opening times .
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Capable guardians - for e xample : park attendants or patrols , wardens to deter
unacceptable behaviour (intervention protocols and training should be considered) .
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Signage .
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Landscaping and cutting back of shrubber y
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Lighting .
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Ove rt surveillan ce for example : non poli ce CCTV schemes .
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Staff vigilance and guidan ce.
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Environmental design (long term )
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When consideri ng options at this step , thought should be given to displa cement and what other
locations may become prone to use as PSEs . It should also be considered that any work
undertaken should also focus on making the facility or area safer for all users and that prevention
of all crimes identified in the problem profile should be considered . It is also recognised that
options within this step may be unachievable as they lay outside the remit of the police and may
incur costs that owners of facilities or spaces may be unwilling to bear . It may be necessa ry in
those circumstan ces to move to step three .
Step Three - Preventative Patrollin g
The purpose of this step is to deter users from engaging in public se xual activity at the time or
location that has given ri se to the complaint. It is not to detect offen ces and should be a planned
policing response . The following should be considered ;
Use of local neighbourhood police officers and community suppo rt office rs .
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Risk assessment to be conducted before deployment.
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First line supervision of the operation .
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Briefings for all officers with pa rt icular reference to Section 5 of the guidan ce as to
the law relating to PSEs .
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Use of specialist liaison offi cers where approp ri ate .
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Pa rticipation of community pa rtners (see section 7 . 3 .3, 7 . 3 . 4 and 7 .4 below) .
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Officers should be given clear advice as to what action should be taken should they
witness offences being committed including th eir options for prosecution . Offenders
arrested or repo rted should be dealt with in accordan ce with the force case disposal
policy.
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Officers to be reminded of their lawful powers .
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At the conclusion of this step the situation should be reviewed in consultation with community
partners . It should be remembered that the purpose of the steps to this point are to deal with the
issue at the centre of the complaint , not nece ssa ri ly to deal with wider issues of public sexual
activity . For e xa mple if a PSE is known for public se xual activity on a 24 hour basis yet the only
aspect that was cause for complaint was that which occurred in daylight hours , if the latter is
resolved then the complaint can be considered as having been dealt with . The fact that public
sexual activity may continue at night time is beyond the scope of the complaint . If however the
first three steps have been unsuccessful in resolving the complaint the enfor cement action can be
considered as a last reso rt.
Step Four - Enforcement actio n
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This should only be used as a last reso rt and only when steps one to three have been reviewed
and considered unsuc cessful at resolving the problem . Enforce ment action can have a nega tive
impact on trust and confidence between the police and the community and should always be
viewed within the context of wider policing objectives . For example if enforcement action is likely
to reduce the number of victims coming forward to the police then these impacts should be
considered .
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Enforcement should only be considered where there is evidence of offen ce s being committed and
those commi tt ing them are ignoring advi ce and warn ings at steps one to three . Enforcement
should only be considered where there continue to be specific and evidenced complaints from
more than one pa rty and the action should target the location and times relevant to the
complaints . An e xample may be where a location is subject of continual complaint about dogging
and voyeurism , where wa rn ings have been ignored , where preventative patrolling has identified
an ongoing problem with a few persistent offenders who have refused to stop their activities
despite being warn ed that they may face prosecution . Enforcement action will not be appropriate
or proportionate for isolated complaints of public sexual activity.
Where enforce ment is considered the only option then the following should apply ;
Enforce ment should be pa rt of a planned policing operation .
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The operation should be under the Command of a member of the senior
management team .
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All officers pa rticipating in the operation should be fully briefed and be aware of force
commitments to ensure that police action is ne cessary, proportionate , legal and
accountable .
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Unless the succe ss of any policing operation suggests otherwise , local community or
advisory groups should be consulted as pa rt of operational planning . A Community
Impact Assessment should be completed to ensure that wider community issues are
considered and where trust and confiden ce may be adversely affected , then
consideration should be given to developing a community engagement plan for use
post operation to account for and e xplain police action . This should include the
preventative options undertaken in steps one to three .
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Any persons repo rted or arrested should be pro cessed in accordan ce with local for ce
policy.
Step 5 - Assess
It is essential that the whole process is monitored and evaluated . Both the police and their
partners , and the community need to know what has been achieved that is : has the problem been
resolved and the outcome achieved .
A full deb ri ef needs to be undertaken involving the police and community groups and pa rtners to
identify any learning . This should be used to update the PSE profile locally and consideration
given for it submission to the ACPO LGBT Portfolio Group for inclusion as a case study in this
policy.
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For an example of a force policy in relation to dealing with complaints about public sexual activity
refer to the He rtfordshire Constabula ry Case Study . .
7 .3 . Managing and Responding to crime within PSE s
Evidence of under-reporting of crim e
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7.3. 1 .
As mentioned in Section 6 .1 above it is generally accepted that there is an underrepo rt ing of
crime that occurs within PSEs . Underreporting by its nature is difficult to establish , especially in
relation to that committed within PSEs . However va ri ous surveys and reports in police areas
consistently show that crime on PSEs is underrepo rted . In terms of crime type robbe ry and
assault appear prevalent .
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Whilst this guidance outlines recommendations for dealing with consensual sexual activity in
public, it has to be recognised that non-consensual sexual activity can occur within PSEs and for
similar reasons is not repo rted due to the fear of being prosecuted for other offences .
Wi th regards to LGBT people , there is a general underrepo rt ing of all crime regardless of venue .
Sigma Research conduct an national annual survey of gay men which in 2005 included a
question which asked whether the respondent had been victim of assault due to their se xual
orientati on and whether it was reported to the poli ce . Of 14477 respondents within England , 8.2
per cent stated that they had been subject of an assault of whom 63 per ce nt did not repo rt it to
the police (both Wales and No rthern Ireland had non repo rting rates of 54 per cent and 64 per
ce nt respectively) . The survey fu rther breaks down those figures to Borough level and these can
be accessed at the following link ;
http ://www . sigmaresearch . orq . u k
There is no known research to ascert ain the impact on repo rting of crimes at dogging sites .
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7 .3 .2 . Responding to the N ation Intelligence M odel ( N I M ) Intelligence Requirement
When developing any assessment under th e auspices of the NIM , PSEs should be considered as
a source of information particularly in relation to robbe ry . Any intelligen ce requirement in relation
to robbery should consider information and intelligence gathering within PSEs .
Additionally any NIM intelligen ce requirement in relation to hate crime should include PSEs as a
source of information and intelligen ce as crime within those environments will often be motivated
by homophobia on the pa rt of the perpetrator regardless of the sexual orientation of the victim .
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It is recommended that if there is a PSE within your BCU then regardless of the levels of reported
incidents and crime , a community consultation and engagement strategy is developed with key
partners and users to build trust and confiden ce and increase the repo rting of crime and
intelligen ce . The consultation strategy should form part of an overarching communication and
engagement strategy.
7 .3 .3 .
Engaging with PSE users
Any engagement activity should be unde rtaken after a profile has been developed of the PSE as
outlined in Section 7 .2 above . It is essential that key community partners are involved in
developing any engagement plan at this stage so they are clear of the policing objectives . Where
appropriate, advi ce or assistan ce should be sought from the Neighbourhood Policing teams .
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The legacy of the policing of PSEs is such , that regardless of worthy intentions policing activity
may still be interpreted as one of enfor ce ment , it is th erefore important that pa rtner agencies and
community representatives are supportive of any policing approach . Any policing approach needs
to be sensitive clearly identifying the need for public safety and reassuran ce, but also the
responsibilities of users . A thorough profile will provide the basis for any engagement activity.
7 .3 .4 .
Identifying key pa rt ners
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Any engagement activity with PSE users needs to include the proviso that whilst the focus is on
public safety , reassuran ce, and improving crime repo rting and intelligence provision as opposed
to enforce ment , any specific complaints of sexual activity in public will be investigated .
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The PSE profile should have identified any key communities with whom to engage and
consideration should be given to local Consultative or Adviso ry Groups in terms of getting broad
support for any engagement activity. Consideration should also be given to involving any local
groups who have geographic interest in the PSE , for e xa mple adja cent resident associa ti ons or
other identifiable non PSE user groups .
If the profile has identified that the PSE users are LGBT people , then local specialised LGBT
groups or forums should be included . A considerable amount of outreach work is undertaken by
charities , volunta ry groups and Primary Care Trusts (PCTs) within PSEs that promote safe sex
and sexual health . By making PSEs safer environments through appropriate policing and
partnership working the police can support the work of these agencies (see Section 7 .4. 1 below) .
7 . 3 . 5 . Managing Press Interest
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Police activity within PSEs can attract press interest from LGBT specialised publications and
other medium e .g. websites , who may misinterpret it for enforcement activity , or conversely the
police may be accused on condoning se xual activity in public . It is recommended that suitable
press lines be agreed with pa rtners prior to any engagement activity so that a swift , clear and
consistent response can be given to press enqui ri es . The benefit of early pa rtner involvement is
that there is an understanding of police motives and agreement of approach . It should also be
noted that there is considerable LGBT community con ce rn when PSEs are publicised in the
media, as there is a fear that this could lead to an increase in homophobic incidents and crime .
The general p ri nciple should be that with press releases there is no reference to the LGBT
community or that a particular venue is a PSE unless it is absolutely essential for operational
reasons .
7 . 3 . 6 Case Study - Holland Park
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Kensington and Chelsea adopted a problem solving approach to the PSE at Holland Park based
on research and analysis . For details of their research and analysis and subsequent proposals
follow this link : (see Holland Park Case Study attached) .
7 .4 . Engagement Methodologies
7 .4 .1 .
Partnership Workin g
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As mentioned earlier it is common for external groups and organisations to do outreach work with
PSE users . Whilst the outreach work tends to focus on health education and safer sex , there are
e xa mples of joint patrols between outreach workers and plain clothed police officers . The benefits
of this type of approach are that PSE users are additionally reassured by the presen ce of the
outreach worker with whom they often know and trust. The office r also benefits from the local
knowledge of the outreach worker , and conversely the worker is reassured by the presen ce of the
police from a personal safety perspective. This methodology was suc cessfully used by the Parks
BCU in policing the Rose Garden PSE in Hyde Park . For a summa ry of their approach follow this
link; (See attachment entitled Hyde Park Case Study) .
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However it should be noted that some volunta ry groups and organisations may be reluctant to be
seen to be working too overtly with the police as this can be misinterpreted by users and lead to a
loss of trust and confidence between users and that organisation . This should not be interpreted
as a lack of co-operation but a legacy of the way such environments were poli ced .
PCTs often use ASTOR guidan ce documents for work within PSEs - Aims, Sett ings , Targets ,
Objectives and Rationale proformas - which may be of use when profiling or developing
partnership working .
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7 . 4 . 2 . Direct Engagemen t
There are e xa mples of successful direct engagement between police and PSE users . Managed
as intelligen ce gathering operations using the formal tasking process , plain clothed officers are
directed to patrol PSEs and engage with users with a direction to use their discretion if they
observe public sexual activity . The purpose of the operations are to identify conce rns of users
and encourage the reporting of crime and intelligen ce provision either directly or using third party
reporting facilities (see Section 8 - Resources) . For a summa ry of this approach follow these
links ; (See attachments MPS Clapham Common Case Study and Copgate Woods Case Study )
7 .4 .3 . Managing Enforcement and Public Safety
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As mentioned in Section 7 . 1 . 1 , police engagement may require a degree of enforcement activity
and reassuran ce when there is a conflict between user groups . Hampstead Heath is a large
public space within the London Borough of Camden , pa rt of which is a well established PSE . The
Hampstead Heath Constabulary is required to respond to and manage conflicts between various
user groups which they achieve by a flexible and managed approach . For a summary of this
approach follow this link (See attachment Hampstead Heath Case Study) .
7.4.4.
High Visibility Police Patrols
High Visibility Police Patrols are considered to be a tested approach to community reassuran ce .
Wi th in the PSE environment , and due to the legacy of poli ce activity outlined previously , such
patrols can often be misinterpreted by users as poli ce enforcement . It is worth noting that whilst
such an approach may have been agreed with key partners , they will not nece ssa rily be PSE
users who may be unaware of the approach . It is therefore recommended that one of the
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previous methodologies be adopted first until PSE users are accustomed to a poli ce presen ce
within the PSE . Such an approach was used within th e Rose Garden at Hyde Park, however now
with trust established between users and the poli ce, high visibility poli ce patrols are the norm .
7 .5 . A Policing Plan for your PS E
7 . 6 Public Toilets and Use of Legislation
7 . 6. 1 Scoping Public Toilets
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Thorough research and analysis , consideration of policing options in conjunction with key
partners , agreed policing me th odologies and Community Impact Assessments will provide for a
policing plan unique to your PSE . A published plan is desirable to ensure consistency of
approach across the BCU . In some cases this may be published as local policy or guidan ce, an
e xa mple is that developed by Parks Operational Command Unit (OCU) , MPS in relation to the
Rose Garden in Hyde Park (as highlighted in the Case Study at the end of this document) . A
further example of policing a PSE is also a ttached . This site is a rural lay-by on the outski rts of a
small town in Hampshire and is used by ; men who have sex with men ,' doggers' and transvestites .
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This guidan ce should be adopted for all PSEs within the Metropolitan Police Area . This should
include Public toilets . As highlighted earlier Public toilets have specific legislation outlawing any
form of se xual contact taking place within them regardless of gender or sexual o ri entation .
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Whilst ' co ttaging' has b ro adly always believed to be closely associated with gay and behaviourally
bisexual men this does not preclude the use of such facilities by any persons engaging in sexual
activity . In the absen ce of specific complaint any intervention should focus on crime prevention
and public safety for all users . This pa rt of the guidance can be used in conjunction with section
7.2 . 1 and provides additional guidance around this area . Scoping and examining the use of public
toilets may not seem to be a priority but the misuse of such facilities can often be cause of local
community concerns and can easily escalate into anti-social behaviour and crime . Indicators that
could indicate anti-social behaviour may include (list not e xhaustive) :
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Damage to walls and door (graffiti)
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The appearance of holes in doors and walls at waist leve l
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Litter associated with sexual activity
Public Toilets can also be used for a host of o th er activities that are also cause for public
complaint . These might includ e
Litter associated with drugs misuse (needle wrappers swabs and so on )
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Bodily fluid on wall s
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Criminal damage (other than that outlined above)
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Careful scoping of a toilet together with those responsible for toilets upkeep will often outline a
range of anti-social behaviour that may be taking pla ce within the venue . If action is being taken
to prevent any form of anti-social activity it is wo rth properly examining the toilets use to ensure
that all of the issues are correctly identified so that they can be properly acted upon .
7 . 6 . 2 Using the legislation around Public toilets
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Section 71 of the Sexual Offences Act 2003 outlines the offen ce of sexual activity in a public
lavato ry . It states(1) A person commits an offen ce if-
(a)he is in a lavatory to which the public or a section of the public has or is permi tted to have
access , whether on payment or oth erwise ,
(b) he intentionally engages in an activity , and ,
(c) the activity is sexual .
8.
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(2) For the purposes of this section , an activity is sexual if a reasonable person would , in all the
circumstan ces but regardless of any person 's purpose , consider it to be se xual . Effectively this
law outlaws any sexual activity in a public toilet . Following the steps ou tlined above through
scoping and profiling the premises and then considering steps to reduce the amount of
inappropriate activity taking pla ce . It is strongly suggested that a Decision Log is kept around the
ac tions taken and the decision making proce ss .
Resources
8 . 1 . 1 . Cruis e
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8 .1 . Information Cards and Advic e
A pocket sized card published by Terrence Higgins Trust gives advice on the law , what to do if
you get into trouble , sexual health and the need to report to the police . Available in PDF format at
this lin k
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http ://www.tht .orq . uk/informationresource s/publications/gavmencruisecards/cruisesafeoutdoors65
8.pdf
8 .1 .2 .
Lambeth Borough PSE Card
Developed by Lambe th Borough for use on PSEs , a pocket sized card that outlines repo rt ing
options for victims of crime and how to keep safe . Available in PDF format at this link; (See
attachment - Lambeth Cruising Card )
8 .1 .3 . Male Victims of Sexual Assaul t
Published by MPS Operation Sapphire gives advi ce to male victims of sexual assault and details
of suppo rt organisations . Available in PDF format at this link ;
http ://www .scotlandvard .police.uk/sapphire/docs/malevictimsofsexualassault english .pdf
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8 .2 . Third Pa rty Reportin g
There are a large number of local or regional third party and non-police reporting sites and
schemes which may be used to report homophobic/transphobic incidents and crimes in a safe
environment . These should be considered as part of any engagement activity to encourage the
reporting of incidents and crim e
There are however a number of national repo rting schemes that can be used to report crime or
incidents that occur within PSEs ;
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8 . 2 . 1 . Crimestoppers
Victims and witnesses are also encouraged to call C ri mestoppers anonymously, if necessa ry with
information on public telephone number 0800 555 111 .
8 . 2 . 2 . True Visio n
A community led initiative originating from South Yorkshire Police , True Vision has been
developed by Staffordshire , West Midlands , West Mercia and Warwickshire Police for ce s into a
scheme now used in 40 police services across England and Wales . For more informa ti on visit the
True Vision website at :
The site also offers an online reporting facility .
9.
Contacts
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hfti2 ://www.rel2ort-it .org .uk/
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Summaries of Best Practic e
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New Resources
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Appropriate link s
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Poli ce forces , voluntary organisations and agencies are encouraged to contribute to this guidance
by providing ;
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National Submissions should be forwarded to the ACPO LGBT Portfolio G ro up .
(SECTIO N THAT FOLLOWS CO NTAI NS THE CASE STUDIES )
Attachment : Holland Park Case Stud y
Holland Walk Case study of work Considered and Undertake n
What is the problem ?
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Kensington and Chelsea Police made a comprehensive submission to the Kensington and
Chelsea Community Safety Programme Board in October 2002 in which he highlighted the
allegations of crime in Holland Walk , an analysis of the victims and a twenty-four hour spread of
crime . A short appraisal of these statistics show crime peaks between 3 .OOpm to 4 . OOpm , and
between midnight to 2 .OOam . Younger folk are victims in the afte rn oon and 18-50 year olds at
night . The issues that exist within the walk va ry depending on time of day and crimes repo rted at
the location can be ve ry time dependent and also dependant on the users of the walk at the time .
The walk runs along Holland park school and the children from this school are occasionally
targeted for criminal activity. The walk is also a known public sex environment and is sometimes
used primarily by members of the Gay Bisexual and Transgender community after 11-30pm
hours . Additionally it is known that vast under repo rting takes pla ce from th is community and the
number of crimes and incidents encountered is likely to be considerably higher than the figures
below suggest . The geographical layout of the walk and key buildings and locations in th e
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immediate area make any decisions more complex and additionally the bureaucracy surrounding
the park itself increases the problems regarding decision making .
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Holland Park
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Holland Park school
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Youth Hoste l
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Commonwealth institute
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Kensington High Street
REPORT O N HOLLA N D WALK USAG E
urs
118
121
102
89
63
66
58
70
27
18
11
8
9
24
132
146
131
103
67
69
68
76
39
25
13
14
14
19
39
137
116
92
98
59
68
72
67
33
31
27
22
17
28
23
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114 123
105 104
78 91
79 92
48 50
71 68
52 65
58 70
37 34
19 22
13 9
10 11
11 15
24 27
47 44
Sun
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1630-1730
1730-1830
1830-1930
1930-2030
2030-2130
2130 -2230
2230 - 2330
2330 - 0030
0030 - 0130
0130 - 0230
0230 - 0330
0330 - 0430
0430 - 0530
0530 - 0630
0630 = 0730
Totals
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Buildings and key locations within the immediate area includ e
796 825 835 957 889
166
62
34
38
49
82
31
59
19
19
12
87
39
25
23
32
59
43
21
10
8
8
7
8
9
10
27
29
608
423
5
Head count of pedestrians by time of day visited .
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realignment of the footway to effectively ' straighten ' the walk. This would improve natural
surveillan ce and help eliminate ' blindspots ' . Such a re-alignment affects the trees and shrubs in
Holland Park and involves considerable ea rt hworks , replacement of park railings as well as a new
asphalt walkway . The realignment also eats into Holland Park itself with a resulting lost of
parkland .
Fu rther work by the Council ' s engineering department puts an estimated cost on the project of
£1 .4 million . This estimate allows landscaping works , new fencing , and a cycle track . It could be
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argued that bills of reduction to provide a less elaborate scheme could trim the estimate , but
neve rtheless , the total project will go well into six figures .
An exc hange of highway land from the southe rn end of Holland Walk could compensate for that
loss through this project . In area the answer is yes , but in comparable usage terms the answer is
no . The land lost in the project is designated as wild natural woodland , whilst that which would be
gained in the south is grassland , which would extend that available for e xe rcising dogs . It would
be anticipated that the purist protectors of Holland Park would object .
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The Metropolitan Police believe this to be the best option available . Although the capital cost is
high , it is a long-term solution if done properly would be an a ttractive amenity for future
generations . However , it has to be acce pted that the footway would remain ' enclosed ' and as
such , may require continued revenue expenditure in Police time or surveillance if the crime
figures did not improve.
STOPPI N G UP OF HOLLAN D WAL K
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Notwithstanding the fact that it has been felt impossible to stop up Holland Walk , the Council ' s
Director of Legal Services was asked to consider such a proposal with a view of absorbing the
footway into Holland Park .
Holland Walk is public highway and it is not possible just to close it between certain hours . An
ability to pass and re-pass without hindran ce is required and a closing of the footway would be
seen as a willful obstruction .
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There are two ways of stopping up a highway. One is th ro ugh the Town and Country Planning Act
1990 , to facilitate development. Turning Holland Walk into a park may be considered
development . The Director of Planning and Conservation advise s
The second option is under Section 116 of the Highways Act 1980 , on the grounds that the
footway is unne cessary . This may be possible, but it would be difficult in the ve ry least .
Considerable eviden ce would have to be collected as well as consultation . All objectors would be
entitled to be heard by the cou rt and legal costs would be incurred .
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If successful , the solution would be to construct gates which would close the footway to public
either in conjunction with Holland Park hours , or at other agreed times over night . This would not
remove the public from the footway in the afte rn oon , which is the other peak crime period , but at
this time it would come under the jurisdic tion of the parks police . If the footway were to be closed
the altern ative route between Kensington High Street and Holland Park Avenue would be some
hundreds of yards fu rther in distance and obviously take longer to traverse .
The usage figures gained from a quick and ready camera survey in November show quite a high
usage. This eviden ce in itself may make a stopping up order difficult to obtain . (See Appendix A .)
The chan ces of failure in gett ing a stopping up order are somewhat greater than suc cess .
Assuming the alignment is too expensive and the stopping up order too difficult , a third alternative
has been explored . Three CCTV cameras could be installed and linked with the Council 's Control
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Centre for a cost of £80 ,000 . CCTV cameras are currently out of favor. It is true that they are not
a panacea for crime reduction , but they are a tool in the armo ry of crime reduction and should not
be dismissed too quickly. Together with signs and perhaps limited works , short-term presence by
the new Poli ce Community Suppo rt Offi cers , a significant crime reduction may be possible .
In defense of this proposal , it could be seen as an intermediate solution , which would not incur
abo rtive works , even if major works were found necessa ry in the future .
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The Environmental Services Group Finance Manager advises that at present there is no financial
provision within any of the Business Group's budgets to undertake either the capital works or
revenue effects of any of the alternatives put forward in this paper . In normal circumstances any
resolution to proceed would have to be considered in the next round of financial planning with the
earliest implementation in the financial year 2004/5 .
If the major realignment were the preferred option, it would be possible to fund it, but it must be
pointed out that the pressures to use this money elsewhere are becoming considerable .
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How do we manage and respond to the problem ?
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Following considerable discussion and negotiation with interested parties, a decision was
reached not to fully implement the recommendations by the Metropolitan Police ; however works
were undertaken to improve the area, with focus remaining on community safety . Primarily the
main areas of improvement were the improvement of lighting within the area . Works were carried
out on existing lighting and new lights were placed at appropriate locations . Some proactive work
by the park was undertaken to cut back some of the branches . Additionally one of the residents at
a key point within the walk reviewed and subsequently improved their own home security around
the same time . This household effectively installed CCTV cameras within the walk which while
focusing on their own home . It is believed the position and notices surrounding those cameras
gave a strong impression towards persons using the walk and the number of crimes, incidents
and allegations decreased dramatically in the immediate area. A number of tactical options were
also considered however high visibility preventative patrolling was not felt to be a long-term viable
solution . Close liaison with CLASH outreach service was also undertaken to ensure they were
aware of some of the issues within the areas during the times of operation . Whilst work by
CLASH in the area was suspended due to concerns for the safety of outreach workers,
consideration has again been given to re-starting the work in the area .
Why choose to manage in that way ?
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The recommendations of the Poli ce and Crime Prevention Design Advisor were undoubtedly
prohibitively e xpensive (£1 . 4 million) and a suitable alte rn ative and stepped approach needed to
be considered . For this reason the initial work on improving the lighting was unde rtaken with
proactive work being unde rtaken to ensure the lights are inspected very regularly . Regrettably
some pa rties involved within the problem solving pro ce ss were unhappy with the plans , and
specifically the potential for loss of the wooded area . As such some of the initial identified
problems do still exist however at a much reduced level .
For further informati on contact Darren Harmston at Darren . harm ston a- met. police, uk Community
and Ra ce Relations Office r
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View looking south towards Holland Park Avenu e
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`I-hc bcnds in the path rcrlxpcc visiblc sig17t l ine,; Or 17aturUl surveillanc e
Attachment : Hyde Park Case Stud y
Hyde Park Rose Gardens has been identified as a Public Sex Environment . It is widely publicised
on the Internet as a PSE .
Hyde Park Rose Gardens fall in to the remit of the Metropolitan Police Royal Parks OCU , who is
responsible for the policing of this area . A policing strategy was required for the policing of the
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area , and a better understanding of what happened within the area prior to the w ri ting of the
strategy.
A plain-clothes team were appointed from the Royal Parks OCU and they met with local outreach
workers who are well known in the community .
The officers in plain-clothes and the local outreach workers visited the Rose Gardens between
the hours of 6 .OOpm-3 .OOam for a period of four days . The aim was to speak to users of the Rose
Gardens and find out what there con ce rns and opinions were and to begin to build b ri dges .
Office rs would speak to individuals or groups using the area and identify themselves as being
police office rs . It was then impo rtant that officers made it clear to the individuals that we were
there to talk to them and not harass them .
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It became clear that there was a precon ce ption from th e community who used the Rose Gardens
that the police tended to rush in to bushes and harass users . This had a p rofound negative affect .
We obtained a number of accounts of crime related incidents which had occurred in the Rose
Gardens to users , but these crimes were not reported as there was a fear amongst the
community that the poli ce would not take it seriously.
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Throughout these four days it was about reassu ri ng the community that the police were there to
help and not harass the users of the Rose Gardens . We encouraged them to repo rt any
crimes /incidents that happened and assured them that they would all be taken seriously .
They were also informed of a third pa rty reporting scheme they could use if they didn ' t feel
comfortable in speaking to poli ce .
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Towards the end of the four days we found that members of the community using the Rose
Gardens welcomed what were doing and were even introducing themselves to us . They were
telling us of incidents that had occurred in the Rose Gardens but had not been repo rted to poli ce .
A policy was developed by Inspector Rogers , which gave instruction and guidance on the policing
of the Rose Gardens . This is found on the Royal Parks OCO Intranet site .
Also a tasking for police officers and poli ce community suppo rt offi ce rs was put in pla ce and still
e )d sts , that directs patrol officers to walk through the main pa th s of the Rose Gardens and speak
to users about their safety and potential for being victims of Robberies , Thefts , Assaults and so
on . . .This is conducted in High Visibility clothing and is a safety /crime prevention strategy that has
shown a vast reduction in crime and an increase in the relationship and trust with the community
that use the Rose Gardens .
For fu rther information on the policing of the Rose Garden PSE please contact Ray Rogers ,
Inspector ( Raymond . Rogers Caa met. aolice . uk )
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Attachment : Clapham Common Case Stud y
There are at least two PSEs on Clapham Common, both on Wandsworth Borough side, although
the whole of the common is managed by Lambeth Parks Department .
The most frequented and popular is also called BATTERSEA WOODS and is the region east of
The Avenue, south of the junction with Clapham Common West Side .
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The second , less well-used PSE is south of Windmill
South Side, between Mount Pond and Eagle Pond .?
2
Battersea Woods is bordered on one side by a well-lit main road (separated from the PSE by a
broad di rt jogging path) and on two other sides by lit footpaths , to form a triangular wooded patch
which is less dense in the ce ntre .
The area seems to have been designed to encourage users to enter it , as benches and waste
bins are located within .
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The area is busy throughout the year, during the day and more so at night . It is ve ry common for
users of the area to be engaged in sexual activity while other users are jogging around th e
perimeter paths .
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At present , the main complaint from local residents is regarding the amount of sex related li tter
(condoms , wrappers , lube sachets and tissues and so on) .
After an initial walk around the large perimeter , officers enter the PSE using one of the main
footpaths and tend to stay in the same location , near an ' action area ' but on the footpath , so that
passing users can be spoken to .
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The following points are discussed :
We are not there to arrest people for using the area for se x
The high priority crime levels in the are a
Are they aware of the murder of Jody Dobrowski and other recent Grievous Bodily Harms and so
on?
Being aware of the risks they put themselves a t
Have they been a victim of crime in the area ?
If so , did th ey repo rt it? If not , why?
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Give copies of the PSE resource card and explain about calling us / GALOP and so on, and
about crime prevention measures
Advise them to take any litter home as it causes most complaint s
Advise them that daytime use of the area could lead to arres t
Encourage them to speak to other users about these issues , and maybe pass on a spare copy of
the card
Kazbar (bar) - 50 Clapham High Street SW 4
Two Brewers (bar and club) - 114 Clapham High Street SW 4
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Nearby LGBT venues include :
Lambeth Parks and Green Spaces - Shaun Kiddell (public telephone number 020 7926 6232)
Lambeth Park Rangers patrol this PSE - Ian Fall (public telephone number 020 792656278)
For more information contact Graham Alldus , Constable LGBT Liaison Officer Lambeth
Bo rough ( Graham .Alldus@Met .police . uk )
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Attachment : Copgate Woods Case Stud y
At the junction of Streatham Common South and Covington Way is a small cafe and public toilets,
adjoined by a public car park . Two paths from this car park encircle an area called COPGATE
WOODS .
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This area is wooded, with areas of denser shrubbery on some of the perimeter and large
clearings inside, similar to West Heath .
At night the car park is locked shut and users park their vehicles on Streatham Common North,
Streatham Common South or Covington Way, which are all residential roads .
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Poli ce attention is focused on speaking with any people who may be sat in parked vehicles , and
anyone who walks along the upper path . There is a park bench located a short distan ce along
this path which p rovides a convenient focus for conversation ; office rs sat on the bench can
readily speak to anyone using the path to access the PSE .
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The following points are discussed :
We are not there to arrest people for using the area for sex
The high p ri ority cri me levels in the are a
Are they aware of the murder of Jody Dobrowski at Clapham Common?
Being aware of the risks they put themselves at
If so , did th ey repo rt it? If not , why?
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Have they been a victim of crime in the area ?
Give copies of the PSE resource card and explain about calling us / GALOP and so on, and
about crime prevention measures
Advise them that daytime use of the area could lead to arres t
Advise them to take any litter home as it causes most complaint s
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Encourage them to speak to other users about these issues , and maybe pass on a spare copy of
the card
At night , it is rare for anyone to be using this path who is not intending to enter the PSE , as it is
unlit and relatively unsafe compared to the lit road running parallel about 20m away .
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So far the PSE has appeared to be ve ry poorly used , especially at night,$
outreach worker for
9
we have relied on a repo rt from a T
this information .
However, during the day, uniformed patrols are conducted in the area to dissuade anti-social
behaviours . Complaints have been re ce ived by local Safer Neighbourhood Team (SNT) about
sexual activity in the public toilets at Rooke ry Cafe , and about deb ri s left in the woods .
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During daytime patrols by LGBT liaison officers , there has been no sex debris found anywhere
within the woods , and the public toilets are frequently closed due to repairs , although a disabled
Superloo is also at the location .' o
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ha s
been done with Lambeth Council Parks Depa rtment to have the lighting imp ro ved around the
toilet.
During a recent daytime patrol four lone males were seen at various points within the woods ,
none behaving anti-socially.
There is a 24 hour petrol station at the junction of Streatham Common South with Streatham High
Road , which might be used by users of the area , pa rt icularly in colder weath ers as it serves hot
beverages .
Nearby LGBT venues include :
Chariots Sauna - 292 Streatham High Road SW15 (access at junction with Mitcham Lane)
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Southern Pride (Ego) Bar - 82 Norwood High Street SE2 7
Beaulieu Heights PS E
Leigham Court Road Toilets -junction with Streatham High Road SW16 (only open during day )
Pa rtner Agencies
Lambeth Parks and Green Spaces -
Streatham South SN T
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Lambeth Park Rangers patrol this PS E
For more information contact Graham Alldus , Constable LGBT Liaison Officer Lambeth
Bo rough (Graham .Alldus@Met . police . uk )
Attachment : Hampstead Heath Case Stud y
Backgroun d
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Hampstead Heath is without doubt one of London ' s premier and most popular open spaces ,
receiving an estimated 10-12 million visits per annum . The diversity of Heath's activities , its
proximity to some of London ' s most dep ri ved Wards , its ve ry rural character all combine to make
it a unique and challenging site to manage in terms of community safety .
Current Positio n
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The Heath Constabula ry was established in 1994 and in 2002 as part of the wider review of
Heath management was restructured . This involved a reduction in the number of doa handlers
and th e establishment of a structured management team . 1 2
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The Heath and its users are protected by a se ri es of byelaws first introduced by the London
County Council in 1932 . The byelaws are covered by criminal law legislation and all constables
are a ttested to enforce byelaws in a Magistrates Cou rt. Constables of the Heath Constabula ry
have the power of arrest . The Constabula ry are called upon to enforce Byelaws , Common Law
and Criminal Law , protect Corporation of London prope rty and provide a rapid response to any
incident that may threaten the enjoyment of all users of the Heath .
Constables patrol frequently and cover the entire area known as Hampstead Heath . This includes
Golders Hill Park , The Hampstead Heath E xtension , West Heath , Sandy Heath and Parliament
Hill . Heath Rangers will , as and when required , patrol with the Constabulary ; if that is an
approp ri ate manner in which to deal with whatever issues / problems arise .
Hampstead Heath PSE' s
In 2002 a group involving MPS ; Heath Constabula ry ; The LGBT; The Healthy Gay Living Centre ;
members of the gay community ; members of Heath and Hampstead Society and other
representatives of the local community was formed . Several meetings have taken pla ce enabling
all pa rties to share information , walk the sites and t ry to find ways to ensure that all pa rts of the
Heath are accessible to eve ryone in the community .
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Pa rts of the Heath are used by the LGBT community and in pa rticular West Heath is a renowned
cruising site . The Corporation currently employs two staff dedicated towards the collection of
waste a ri sing from the activities unde rtaken on this pa rt of the Heath . In addition to th e presen ce
of unsavou ry det ritus that litters this part of the Heath , there is the possibility of witnessing acts
that offend public decency and both issues deter use of the Heath which is unacceptable .
On West Heath the Heath Constabula ry provide a high visibility presence during the daytime ,
deterring sexual activity. Patrols later in the evening are to provide reassuran ce to Heath users in
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and around the area of West Hea th . The area of West Heath is not patrolled after dark . The
perimeter is patrolled .
Other areas on the Heath have been highlighted as potential PSE's . 14
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older male' s sunbath in this secluded area, and repo rts have been
received from members of the public and staff of gay sexual activity. Patrols are carried out by
the Constabulary to deter this behaviour and males found sunbathing in the nude are reminded
that their behaviour (nude sunbath ing) may be considered inappropriate. They are also advised
to use the nude sunbathing enclosure at the Men ' s Bathing Pond should they wish to sunbath in
the nude .
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The Men ' s Bathing Pond e xpe ri ences gay sexual activity . Both staff and the Constabula ry have to
deal with males using th e toilets and the nude sunbathing area for sexual activity. Although no
individuals have been prosecuted in this area they are requested to leave the facility should they
be found acting inappropriately .
There are isolated repo rts of heterose xu al sex on the Heath , 1 6
17
These occurren ces are very few and individuals are advised
accordingly should they be fou
l by the Constabula ry.
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There are also incidents of homophobic crime that require suppo rt and the MPS and LGBT have
launched operations with suppo rt of Heath Constabula ry to raise awareness of the need to repo rt
homophobic crime .
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Recently other sites e xperiencing similar issues within the capital have att ended meetings . By
working together it is possible to share best practice to promote and encourage appropriate
behaviour and for people to recognise the impact that se xual activity has on the use of a public
open space by the wider community .
The Hea th Constabulary has improved links with the Terence Higgins Trust and Central London
Action on Street Health and plan to carry out outreach sessions with them in the future .
Training and Developmen t
The Heath Constabulary has received an input from the LGBT forum on homophobic
crime . Fu rther training on this subject would be welcome .
Management Plan Implication s
Policies 110 and 111 of the Management Plan state :
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'Uniformed constables are charged with enforcing the byelaws and regulations relating to the
health and the safety of its users . In undertaking their duties all Corporation staff shall act in a fair
and equitable manner which does not unfairly discriminate on grounds of sex or sexual
orientation, race, nationality, ethnic origins, colour, creed, disability, marital status, age or on any
other grounds that cannot be justified. '
'The Corporation will continue to work closely with the Hampstead police on the basis of regular
meetings to discuss problems of mutual interest. '
For more information contact Richard Gent ry, Constabula ry and suppo rt manager , No rth
London open Spaces , Hampstead Heath ( Richard . Gentrv Ccacitvoflondon . gov . uk
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Attachment : Royal Parks PSE Policy
Royal Parks OCU PSEs
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Introductio n
It is recognised that historically , this is a sensitive and often emotionally charged subject for those
who are affected by such behaviour and also those who engage in it .
To aid their decision-making , Police Offi cers who are called to intervene in public sex ma tters
need to understand the guidan ce that is based on Human Rights Principles set out in this policy
so that their actions may be fair , propo rtionate , appropriate and nece ssa ry .
We aim to change the perception that LGBT communities police have of us , from the traditional
stereotypical , plain clothed police officer creeping around in bushes t ry ing to catch peopl e
out. Historically , Policing meth ods for public sex environments have been the subject of close
e xa minati on and even criticised by th e public, media or the cou rts .
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The Royal Parks OCU will use high visibility uniform patrols of Offi cers providing preventative
Policing rather than reactionary Policing - people using public sex areas have been victims of
robbe ry, for example , and high visibility Policing will combat this .
This policy document deals with public sex acti vities from all sections of the community . However,
Policing e xperien ce of this OCU area indicates men pe rform sexual acts with other men in both
the Rose Gardens in Hyde Park 1 1 8
Identifying the Scope of the Issue
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Policing the areas should be done with continuity and consistency .
Poli ce experien ce and work with partner' s shows that some men who have been victims of crimes ,
for instan ce robbe ry, may not repo rt it to Police . This may be because some men having sex with
other men may not wish to be identified .
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There are reasons why it appears that the public sex environments on our OCU areas have
increased in their numbers . One of the reasons is that Russell Square - which was a very well
known public sex environment - has now been redesigned and gated therefore not allowing
access after specified times and consequently , men have got no access to the site in the hours of
darkness . As a direct result of Russell Square being locked 1 9
hen saw an
increase in visitors after dark but this has now been closed for refurbishment .
e above has
resulted in the Rose Gardens in Hyde Park being the only large public sex environment site in
Central London that men can get access to a fter the hours of darkness . 2 0
appears to be used as a PSE by men during daytime hours .
Pol ici ng Strategy
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Preventative Policing : It is recommended that high profile uniformed Officers are
used patrolling with high visibility jackets at night , with radios at an audible level
and wearing appropriate headwear (protective vests are to be worn by night duty In line with OCU /MPS policy) .
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Officers should make the public aware of why they are there, encouraging the use of the
information leaflet, 'Tell a friend' . This is a third party reporting package . As Recommendation 16
of The MacPherson report states, 'All possible steps' should be taken by the Police to set up third
party reporting . The use of the leaflet can assist Officers by breaking barriers and perceptions . It
could result in the intelligence being passed to Police regarding offences and possible suspects .
Police should make use of the Health Outreach Workers if they are at the areas, speaking to
them and ensuring knowledge of third party reporting .
Officers are encouraged to speak to people they come across and advise them that their
presence in the area may make them potential future victims of crime . (This is more apparent in
the Rose Gardens at night .)
Identify and record homophobic incidents that have been reported, this is important and should
be monitored . ' A homophobic incident is any incident which is perceived to be
homophobic by the victim or any other person .' All homophobic incidents must be reported
on CRIS - this would include incidents of a non-criminal nature .
Enforcemen t
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Environmental Changes : There are oppo rtun iti es to cut down or cut bushes and
shrubbery back but still allowing this to be cons istent w ith ecolog ical cons iderations and
also w ith in a ma intenance budget . Some of th is work has been undertaken but th is is an
ongo ing issue due to d isplacement . The Royal Parks Agency is regularly be ing
consulted regard ing these issues .
Effective enforcement requires continuity and consistency . There is a need for a 'Walking , talking ,
uniform .'
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An understanding and awareness of Regulations will be of assistance in dealing with incidents
when policing public sex environments .
There are a number of other offences , which may be committed . It is important that Office rs keep
up to date with changes of legislation .
Superv isors
Supervisors are reminded that all actions and decisions must be propo rtionate and appropriate in
the circumstan ces of the incident and be involved in assisting office rs policing th ese areas . This
will provide reassuran ce to Offi cers and support.
Summary
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Office rs are directed that high visibility uniform patrols are the appropriate way to Police . This is
in line with ACPO guidelines , which are a ttached to this document and should also be read and
understood .
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Please speak to people in the areas and advise about the issue of robberies - Do not be afraid
to police the areas in the way set out in this document .