After 200 years, rough sleeping will finally be decriminalised

The government has recently announced the Vagrancy Act will be repealed and rough sleeping will no longer be treated as a criminal offence in England and Wales. The act, introduced in 1824, aimed to address growing homelessness after the Napoleonic Wars and Industrial Revolution. 

The Vagrancy Act allowed police to fine up to £1,000 or prosecute those begging or sleeping rough. If you have read this blog before, you will know that treating rough sleepers as criminals is something FPH and other charities in the sector are vehemently against. According to Crisis, the act “has treated people who are homeless as criminals and second-class citizens” for more than 200 years. This is a sentiment we would like to echo.

The use of the act has reduced in recent years, with government statistics indicating 79 prosecutions and 59 convictions for offences related to rough sleeping in 2023. But even so, we would argue this is still too many. Our belief stems from working with people unfortunate enough to find themselves without a permanent place to sleep. Meeting these people, understanding their struggles and treating them as you would anyone else allows for empathy and ultimately, understanding.

The government seems to be singing from a similar hymn sheet. While there are certainly reasons to be disappointed after a year of Sir Keir Starmer’s premiership, there are also encouraging signs, and Angela Rayner’s comments on the Vagrancy scrap are a good example of this.

The Deputy PM said: “We are drawing a line under nearly two centuries of injustice towards some of the most vulnerable in society, who deserve dignity and support. 

“No one should ever be criminalised simply for sleeping rough and by scrapping this cruel and outdated law, we are making sure that can never happen again.”

The government seems to have grasped that it is far more important to investigate the reasons for people sleeping rough, rather than the people themselves. This is exactly the case that has been made by advocates and christies within the homelessness space for years, and this is certainly a victory for us all.

In response to the announcement, a Crisis press release described it as a monumental victory after years of campaigning. Alongside other charities, Crisis has campaigned for the Vagrancy Act to be decriminalised since 2018, and this shows the significance of the work undertaken by homelessness charities in the UK.

When you work for a non-profit tackling homelessness and rough sleeping, you are aware that big changes don’t necessarily happen quickly. You are aware that outdated laws still exist and vilify people. You are aware that some people will never change their outlook.

While FPH are extremely proud of the advancements within the organisation over the last three years, it is changes of this magnitude which truly show that all of the work is worth all of the heartache. Because there is a lot. Day-to-day work is emotionally draining for support workers, counselors and leaders who want to help people, but approaching these issues with empathy, rather than vilification, allows for commitment to change.

The work of national charities like Crisis and The Big Issue and local organisations like FPH, is not going to get any easier, but announcements like this show the importance of what we’re collectively trying to achieve. Every charity in the sector wants the same thing: to end homelessness and rough sleeping. Let’s hope the government continues to show their commitment to this goal.