By: Mr M Hill OBE, Cabinet Member for Community Services

To: County Council 15^th May 2008

Subject: Mosquito Devices

Classification: Unrestricted

Summary: The attached report is presented for information and to inform a decision about Kent County Council's policy on their use.

Background

1. The mosquito device uses high-frequency sound to stop teenagers congregating outside shops, schools and railway stations. The £500 Mosquito device has been installed at some 3,500 locations across the country since it first went on sale in January 2006. It emits an irritating, high-pitched sound that can only be heard by children and young people up into their early twenties, forcing them to move on.

Current Debate on the Mosquito Device

2. This is an extremely controversial subject and is causing much debate in the news.

3. The Children's Commissioner for England, Sir Albert Aynsley-Green, who was appointed to represent the views of the country's 11 million children, has set up a campaign called `Buzz Off' that is calling for the Mosquito to be banned on grounds that it infringes the rights of young people. He said: “These devices are indiscriminate and target all children and young people, including babies, regardless of whether they are behaving or misbehaving, this device is a quick fix. It's not tackling the root of the problem." Liberty, Groundwork and the National Youth Agency are backing the campaign.

4. ACPO Crime Prevention Initiatives has declined to award `Secured by Design' accreditation to new security product, `Mosquito'. Lack of evidence that the product is safe, potential side-effects on people suffering disabilities and issues surrounding discrimination led to the decision. Individual Police forces and their governing Chief Constables will not be affected by the decision not to award Mosquito official police accreditation and may still use the product if they believe it to be appropriate.

5. The Government has no plans to ban the `Mosquito' sonic devices. In a statement issued after the calls for a ban, it stated: "Mosquito alarms are not banned and the Government has no plans to do so. Obviously no one would want to have to use a device like this, and it should very much be seen as a last resort. We will continue to tackle the underlying problems through better neighbourhood policing, giving young people alternative things to do in their spare time and, where necessary, using the powers we have put in place to prevent anti-social behaviour."

Human Rights

6. In general, the Human Rights Act 1998 (HRA) only applies where rights are being breached by a public body rather than by a private individual, so shopkeepers using the device should not be directly subject to its requirements. From the County Council's perspective banning the use of the device on it's premises would not appear to be breach any aspect of the HRA.

Kent

7. Kent Police will not deploy any Mosquito devices due to the lack of evidence/studies in Health and Safety and the discriminative issues around these. However, they cannot prevent use by commercial bodies but do take available opportunities to make their position known.  

8. The majority of local authorities such as Maidstone, Tonbridge and Malling, Gravesham, Dartford Borough Councils and Canterbury CDRP have made the decision not to use the devices in conjunction with Kent Police due to Health and Safety/Discriminative issues attached to these. Dover District Council/CDRP, Sevenoaks CDRP and Tunbridge Wells Borough Council do not have any plans to use these at present. Swale Borough Council do not use these but would consider it depending on the individual circumstances and would seek legal advice prior to any decisions being made.

9. However, Shepway CDRP purchased 2 Mosquito devices, which they have used and found it effective for moving on groups of youths, and there have been no complaints at present. They will only deploy these until the problem dissipates and have advised that the youths have not returned to the areas where these were used.

10. It would seem that Businesses and residents can still purchase and use the Mosquito devices regardless of whether the local authority are in agreement as it does not contravene human rights so there are possibly others in the Kent area.

Other Information

11. The `Buzz Off' campaign are asking young people and supporters of the campaign to advise of the locations of Mosquito devices so that they can draw up a map of these but this is in the early stages so will not be completed for a while.

12. There are other ways of dispersing young people, an example is a Yorkshire Bus Station who started playing Classical music over loud speakers following complaints of anti social behaviour which virtually stopped overnight as it is `uncool to be hanging around somewhere that is playing classical music'.

13. There are a number of Local Authorities/Community Safety Partnerships over the country who are against these devices. Lancashire County Council has already banned the use of the device from council property, including schools, because they contradicted the authority's duty to represent young people and listen to their concerns. Speaking at the time of the decision, council leader Hazel Harding said: "We are against the use of mosquitoes as they assume all teenagers in the vicinity are behaving anti-socially. ”For us to support their use would send out completely the wrong message about the county council's attitude towards young people." Lancashire police continue to use the equipment.

Recommendations

County Councillors are asked to note the issues concerning the use of Mosquito Devices and: