Consideration of Relevant Factors in Making Decisions on Processions
16. It is important that local authorities take into account all the appropriate and relevant factors when deciding whether conditions should be placed on a procession or if it should be stopped. Everyone involved needs to understand these decisions, and these should be made and communicated in good time.
17. Your local authority must consider a range of issues when deciding whether to prevent a procession or place conditions on it. From April 2007, these factors are:
- public safety;
- public order;
- damage to property;
- disruption to the life of the community;
- whether or not the procession would place an excessive burden on the police and;
- the conduct of previous processions by the same organiser
18. The cost of policing the procession is not a valid consideration. When considering disruption to the life of the community, the main question is whether the level of disruption which will, or may, be caused by a procession will be far greater than the right to free assembly. Paragraphs 26-34 of the guidance explain these requirements further.
19. Of course, the local authority's decision in each case must balance the right under Article 11 of the ECHR to freedom of peaceful assembly against the need to protect national security or public safety; prevent disorder or crime; protect health or morals; or protect the rights and freedom of others (see paragraph 10 of the guidance).
20. The guidance makes a number of recommendations, building on good practice around the decision-making process which are summarised below:
- A suggested 'Step by Step' guide for taking decisions on procession notifications (Part 3);
- Drafting 'how to' guides for organisers explaining how to go about organising a parade (Paragraph 41);
- Drafting codes of conduct for organisers to follow during the parade (Paragraph 43);
- Holding precursory and debriefing meetings before and after the parade (Paragraphs 60-61 and 65);
- Making a risk assessment of holding the procession against the factors described above (Paragraph 62);
Question 8 - Do you think that the local authority takes all the relevant factors (described at paragraph 17 above) into account when making decisions on processions?
Question 9 - Are these decisions communicated clearly and in advance of the procession to those with an interest in them? Do you understand the reasons given for making these decisions?
Question 10 - To what extent do you feel that local authorities appropriately balance the rights of marchers and the rights of communities?
Question 11 - Do you think that appropriate conditions are placed on processions by local authorities?