Kent Council has become one of the first councils in the country to ban the use of the controversial ‘mosquito’ device. The device emits a high pitch sound and is meant to warn off anyone under the age of 25 (yes, that includes new-borns) from an area. Kent Council said the reason for the ban was to protect children’s human rights, and the decision was reached after discussions with their youth members. Cabinet member Mike Hill said: 'These devices are abhorrent and give completely the wrong message to our young people.' This is despite the Association of Convenience Stores supporting the device.
Human Rights or Environmental nuisance
Although the council framed their reason in terms of human rights protection, it is probable the device is contrary to environmental law. Under the Environmental Protection Act 1990 (EPA) a local authority has a duty to investigate “noise emitted from a premises” that is a nuisance, and a duty to issue an ‘abatement notice’ if a nuisance is found. Public nuisance can be defined as that “which inflicts damage, injury or inconvenience on all the Queen's subjects or on all members of a class who come within the sphere or neighbourhood of its operation”.
The human rights angle is also a weapon to challenge local authorities. The device is likely to be a disproportionate interference with Article 8. That is the right to respect for private life, which includes the right to respect for bodily integrity. This can be taken in conjunction with Article 14, the right not to be discriminated against. This is due to the device only affecting young people.
Even more seriously, or though less likely to succeed than the other suggestions, is a claim under Article 3, the prohibition of torture. This states that no person should be subjected to inhuman or degrading treatment.
Kent council are said to be planning to lobby for a nationwide ban. Existing campaigns by the children’s commissioner and Liberty will almost certainly try to capitalise on this decision.
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