Rough sleeping is set to be decriminalised in England and Wales with the repeal of the 200-year-old Vagrancy Act. This landmark decision, announced by the government, aims to end the criminalisation of vulnerable individuals and shift focus towards addressing the root causes of homelessness through increased funding and new support strategies.
Historic Repeal of the Vagrancy Act
The Vagrancy Act of 1824, a law introduced to manage homelessness after the Napoleonic Wars and the Industrial Revolution, will be formally scrapped by Spring next year. Deputy Prime Minister Angela Rayner described the Act as "cruel and outdated," emphasising that "no one should ever be criminalised simply for sleeping rough."
While the use of the Act has declined significantly over the years, it remained enforceable. In 2023, there were 79 prosecutions and 59 convictions under the Act, a substantial drop from 1,050 prosecutions and 810 convictions in 2011.
New Legislative Measures and Funding
The government plans to introduce new legislation through amendments to the Crime and Policing Bill. These measures will focus on genuine criminal activities rather than rough sleeping itself. Key new offences will include:
- Facilitating begging for gain, targeting organised crime gangs exploiting vulnerable individuals.
- Trespassing with the intention of committing a crime.
To combat homelessness, the Ministry of Housing, Communities and Local Government (MHCLG) has boosted funding by an additional £233 million this financial year, bringing the total investment for 2025-26 to nearly £1 billion. This funding aims to prevent families from entering temporary accommodation and tackle rough sleeping head-on.
Charity Support and Concerns
Homeless charities have widely welcomed the repeal. Matt Downie, Chief Executive of Crisis, hailed it as a "landmark moment that will change lives," stating that the Act has historically treated homeless people as "criminals and second-class citizens." Emma Haddad, CEO of St Mungo’s, echoed this sentiment, stressing the need to address the underlying health, housing, and societal issues causing homelessness.
However, some concerns have been raised regarding the potential for an increase in "tent cities" if police powers to move on rough sleepers are diminished. While the Vagrancy Act’s repeal means rough sleeping itself is no longer a crime, other laws, such as the Anti-Social Behaviour, Crime and Policing Act 2014, can still be used to address disruptive behaviour or large encampments. The new Crime and Policing Bill will also increase the length of dispersal orders from 48 to 72 hours and raise fines for public space protection orders.
Key Takeaways
- The 1824 Vagrancy Act, which criminalised rough sleeping, will be repealed by Spring next year.
- The government aims to end the criminalisation of vulnerable individuals and focus on the root causes of homelessness.
- New legislation will target organised begging and trespassing with criminal intent.
- An additional £233 million will be invested in homelessness services, bringing the total to nearly £1 billion for 2025-26.
- Homeless charities have praised the repeal as a significant step forward.
- Concerns exist about potential increases in "tent cities," though other anti-social behaviour laws remain in place.
Sources
- Rough sleeping to be decriminalised after 200 years, GOV.UK.
- Rough sleeping to be decriminalised in England and Wales, BBC.
- Brace for a new era of tent cities, The Telegraph.
- Fears of rise in homeless tent cities as rough sleeping is decriminalised: Angela Rayner is set to abolish
200-year-old law despite soaring numbers living on streets, Daily Mail. - ‘Outdated’ law criminalising homelessness to be axed after 200 years, The Star.