The announcement from the UK government to repeal the Vagrancy Act, which makes rough sleeping and begging a criminal offence in England and Wales and can carry a fine up to £1000 and a two-year criminal record is a huge step towards the de-stigmatisation and decriminalisation of the people on our streets. The announcement came after the government issued its own amendment to repeal the law a week before it was set to vote on revoking the act in an amendment of the Police, Crime, Sentencing and Courts Bill. Having prosecuted 20,000 people in the past decade, the Act, which was passed in 1824, was initially put in place to stop wounded ex-servicemen from the Napoleonic Wars from begging, as well as referring to people sleeping in carts and wagons, and so whilst had changed in terms of who it targets, it was definitely due an update.
The Covid-19 pandemic has only exacerbated the issue of homelessness, with less than one in four of those housed by the “Everyone In” scheme, which set to find everyone emergency accommodation during lockdown, having received permanent housing. Not only that, but with the surge in house prices and the reintroduction of eviction notices, more people are finding themselves on the streets than ever before. The number of homeless households reached over 219,000 by the end of 2019, this number jumping to approximately 227,000 in 2021. These numbers include those experiencing the worst forms of homelessness such as sleeping in vans, sheds or B&Bs, or rough sleeping.
HELP RATHER THAN HINDRANCE
The repeal of the Vagrancy Act allows a re-focus of the approach to homelessness to be centred on help rather than hindrance to those on the street and allows them to be involved in suitable and productive solutions rather than fall victim to a criminal justice system pitted against them. The repercussions of being convicted under the Vagrancy Act can not only be financially devastating but can be a significant obstacle in finding housing and employment, with landlords and employers often discriminating from those with a criminal record.
Laws against homelessness and other related offences such as loitering, truancy, or begging directly breach the basic human right to adequate housing, recognised in International Human Rights Law. Furthermore, homeless people’s lack of security and privacy mean that they may also be subject to violence, prejudice, or harassment that also breach rights they are entitled to. The repeal of the Act affords due recognition to those struggling with homelessness as human beings in need of support rather than seeing them as inconveniences requiring punishment and movement.
MOVING FORWARD
Whilst this move certainly begins to dismantle harmful attitudes and consequences for those living or relying on the streets, it brings into question what else there is to be done. The pandemic brought awareness to the vulnerability of people experiencing homelessness, and proved that when required, the government is able to act, and with a matter of urgency.
The government’s pledge to end homelessness by the end of the current Parliament seems ambitious, considering the current cost of living crisis and extensive aftermath of Covid-19 restrictions. Moreover, helping the homeless goes far beyond the availability of affordable housing, with the need for adequate mental health services becoming more apparent than ever, as well as help with addiction, finances, job seeking and alternatives to becoming involved in gangs.
The issue doesn’t just rest in the UK however, sub-Saharan Africa such as Sierra Leone and Nigeria and other ex-British colonies still hold laws against vagrancy, loitering, truancy, or other activities as their colonial laws remain unchanged. A pledge must be made therefore to eradicate the Vagrancy Act’s historical legacy and ensure that homelessness and reliance on the streets is not treated as a crime around the world.
THE ONGOING THREAT FOR GRT
Although not homeless, the threat for Gypsy, Roma, and Traveller (GRT) communities is ongoing. The controversial Police, Crime, Sentencing and Courts Bill which involves turning trespassing from a civil into a criminal offence is a particular danger to these groups. The number of registered traveller sites in the UK has fallen to a dismal 266, with only 59 permanent pitches and 42 transit pitches available for a waiting list of at least 1,696 households. If a mobile family is found to not be at a registered site, there are at liberty to be fined or arrested, and their vehicle, home, removed under the new bill. If this happens, their children can be taken into social care and raised in a non-GRT setting which can result in a loss of heritage, culture, or contact with their community. Children have a right to use their own language, culture, and religion under The Convention on the Rights of the Child which also specifically states that children should not be separated from their family unless they are not being looked after properly.
Whilst the repeal of the vagrancy act has eradicated the threat of criminalisation for homelessness by not being registered at one of the small number of available sites, the GRT community can still be convicted for trespassing under the Police, Crime, Sentencing and Courts Bill. Not to mention the 1994 Criminal Justice Act which simultaneously allowed the police new powers to stop GRT individuals without authorisation whilst repealing local government’s duties to provide authorised sites and removing grant aid funding of existing sites. Despite supposedly being protected from race discrimination under the 2010 Equality Act, 91% of GRT individuals reported to have experienced discrimination based on their ethnicity in a 2017 study by the Traveller Movement. The mobile community and their way of life can therefore be seen to be continuously under threat from multiple directions and such excluded from initiatives to help those without a stable living situation.
Louise is currently an A Level student studying History, English, and Politics looking to pursue a career in law, specifically Human Rights Law. She is particularly interested in working with people across the world to include marginalised voices in efforts for justice and equality.