Councils are using public space orders to ban everyday activities, research has found.

Findings from the Campaign for Freedom in Everyday Life (CAFEL) have revealed that councils are criminalising ordinary behaviour such as feeding birds and picking up rocks, with Public Spaces Protection Orders (PSPOs) being used to enforce the restrictions.

While PSPOs are intended to prevent anti-social behaviour and support safety in public spaces, Josie Appleton, director of CAFEL, has argued that the powers are ‘making a mockery of the criminal law and public enforcement’.

The group’s Freedom of Information requests unveiled that 91% of the 297 respondent local authorities had implemented one or more PSPO, with 1,268 orders having been rolled out in total.

A total of 61 councils were found to use PSPOs to regulate the use of language (such as swearing or shouting) in public spaces, compared to only 16 local authorities in 2022.

A further 13 councils have banned bird feeding, while others have prohibited foraging for blackberries, and some areas have restrictions against picking up rocks, stones, or soil. Furthermore, a busker was given a penalty fine and was handcuffed by the police in Bury last August.

CAFEL has also highlighted that fines for PSPO breaches are set to rise from £100 to £500 after the Crime and Policing Bill passes through parliament.

As part of its report, the group has called for PSPOs to exclusively target activities that create ‘demonstrable nuisance or harm - not serve as catch-all powers for officials to use at their discretion’.

Additionally, it has urged that PSPOs should receive democratic scrutiny and pass through full council, as well as calling for an ‘accessible and affordable’ appeal procedure and a ban on ‘fining for profit’ through private enforcement companies.

Josie Appleton added: ‘Picking blackberries or playing the guitar isn't antisocial, and officials shouldn't be able to punish or restrict anyone on the basis that they might cause 'offence'.

‘We urgently need some proper controls to make sure that these powers are tightly worded and only target significant nuisance and harm.’

The MHCLG said that PSPO use is based on localised decisions made by councils.