Rough sleeping is set to be decriminalised in England and Wales as the government seeks to abolish the Vagrancy Act, a law dating back to 1824 that has been a significant instrument for penalising homelessness. Deputy Prime Minister Angela Rayner described the Act as "cruel and outdated," and emphasised that the proposed changes mark a vital shift in how society addresses homelessness. The new legislation aims to focus on tackling serious crimes linked to homelessness, such as organised begging by gangs and trespassing, while ensuring that vulnerable individuals are treated with compassion.
This decision comes on the backdrop of declining prosecutions under the Vagrancy Act; data from 2023 show just 79 prosecutions and 59 convictions related to rough sleeping, a stark reduction from 1,050 and 810 respectively in 2011. The Vagrancy Act was initially intended as a response to the societal upheaval following the Napoleonic Wars, targeting homeless veterans. However, its legacy has been consistently critiqued for criminalising those who have already faced significant hardship. Rayner highlighted the urgency to address this historical injustice, stating, "No one should ever be criminalised simply for sleeping rough."
Though the initial intention was to replace the Vagrancy Act with tougher measures targeted at “nuisance” behaviours associated with homelessness, the government faced significant opposition. Earlier proposals by former Home Secretary Suella Braverman had suggested punitive measures that attracted widespread backlash from both MPs and charity organisations. These measures included fines for rough sleeping and criminalising those who emitted an “excessive smell.” The backlash prompted the current Home Secretary, James Cleverly, to amend the proposals significantly but still retained clauses that many deemed overly harsh.
Several Conservative MPs, including Bob Blackman and Nickie Aiken, expressed their discontent with the initial proposals and have spearheaded a rebellion advocating for the complete repeal of any legislation that would criminalise rough sleeping. Blackman pointed out the irony of punishing people for their homelessness, stating that the police should be facilitating access to support services rather than resorting to arrests. Aiken stressed that the focus should be on providing adequate support for those in need, as imposing fines would only exacerbate the plight of rough sleepers.
Support from various housing and homelessness organisations, including Crisis and the Salvation Army, has been crucial in pushing for reform. In response to the government’s initial proposals, these organisations collectively wrote to key officials urging the reconsideration of measures that would alienate and stigmatise rough sleepers. They argue that punitive laws merely replicate the failures of the Vagrancy Act and proposed that resources should instead be diverted towards increasing social housing and providing essential support services.
As the debate continues, there remains a broad coalition of support for fully decriminalising rough sleeping. Campaigners stress the importance of this legislative shift not just as a legal change but as a societal recognition of the human rights of vulnerable populations. The government's commitment to repealing the Vagrancy Act has been met with cautious optimism by advocates for the homeless, who hope that a more compassionate approach will emerge from this historic legislative change, paving the way for a more constructive dialogue about homelessness and the root causes leading to it.
This development signals a pivotal moment in the UK’s approach to homelessness. By scrapping a law that criminalises the act of sleeping rough, the government appears poised for a change in narrative — one that shifts from punitive measures to a framework focused on care and support for some of the most vulnerable in society.
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Source: Noah Wire Services