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Charities demand end to use of Vagrancy Act over impact on rough sleepers

A coalition of homelessness charities has called for the repeal of the Vagrancy Act 1824, which they have said criminalises rough sleepers.

The campaign is supported by Crisis, Homeless Link, Shelter and St Mungo’s among other groups.

They said: “The Vagrancy Act does nothing to resolve the root causes of homelessness. In fact, it’s more likely to push someone further from the vital services that help them to move away from the streets.”

Crisis said in a report that rough sleepers “have quite straightforward asks that chime with those of wider society, such as to be shown respect, to have the basic human needs for housing and support met”.

It added that where long-term street homelessness risked harm and distress to the wider community, “this needs to be addressed carefully and with a flexible, patient and assertive approach that is mindful of the trauma that people in this situation have experienced”.

Enforcement action should be used only in cases of genuine anti-social behaviour, drug dealing and harassment.

Lord Hogan-Howe, former commissioner of the Metropolitan Police, said in a foreword to the Crisis report: “I do not believe that being homeless should be a crime, or that the public want to see people in that situation automatically criminalised. The Vagrancy Act implies that it is the responsibility of the police primarily to respond to these issues, but that is a view firmly rooted in 1824.

“Nowadays, we know that multi-agency support and the employment of frontline outreach services can make a huge difference in helping people overcome the barriers that would otherwise keep them homeless.”

So long as the Act remained in force “people are actively discouraged from engaging with the police for fear of enforcement measures being taken. This does not help anyone”.

Responding to the charities’ call, the Local Government Association’s safer and stronger communities board chair Simon Blackburn said: “Councils want to help people living on the streets and take a balanced approach to tackle anti-social behaviour raised by local communities… before using their powers, councils will consider how they might affect vulnerable people, often working with community partners to help resolve any ongoing problems, in order to find a long term solution. Enforcement action is always a last resort.”

Cllr Blackburn said council homelessness services faced a £421m funding gap by 2024-25 and the expected Government spending review should be used to address this.

Mark Smulian