In a landmark change in legislation, the Vagrancy Act, which has criminalised people sleeping rough for over 200 years, has finally been repealed.
This monumental change is the result of over 30 years’ worth of campaigning by various organisations. The decision to repeal the Act was made in 2022, and now, finally, in 2026, the Vagrancy Act is out for good.
Why was rough sleeping ever a crime in the first place?
Where did the Vagrancy Act come from? Well, in simple terms, it was driven by vanity and in response to a massive social and economic crisis after the Napoleonic Wars.
The Vagrancy Act first appeared in 1824, when the government decided to ‘simplify’ the treatment of people experiencing homelessness and put blanket criminalisation in place. This meant anyone found on the streets would face legal consequences, whether that was in the form of a fine or a custodial sentence.
The Act didn’t take any context or systemic poverty into account. Whether you were a wounded veteran, a migrant, escaping a dangerous home situation, or you’d simply fallen on hard times, you were treated as ‘second-class’ and punished severely. When you really delve into the history like this, it’s perhaps no surprise that there are so many modern stereotypes and prejudices about homelessness still doing the rounds.
While it’s true that the Act has undergone some amendments over the last 200 years, there’s a widespread acceptance (although some might say not wide enough) that it is outdated, unfit for purpose, and just plain cruel. Ultimately, the Act pushed already struggling individuals into even more destitution, and that’s the opposite of progress.
Criminalisation isn’t the answer to homelessness
Punishing people for experiencing homelessness has never been effective. An exercise in blame and failing to address the root causes of homelessness, but never an effective way to help people out of the vicious circle.
For those of us working in this sector, it’s frustrating to see such a commitment to things like fines, criminal convictions or prison and a complete lack of consideration to things like creating affordable social housing, for example.
Think about it: what good are heavy fines given to people who have no money to pay them? How does it help those who have fought so hard to secure a home and who are struggling to pay their rent and bills?
How does having a homelessness-related criminal conviction that creates a barrier to someone getting a job or accessing the appropriate welfare help society move towards a brighter outlook?
What happens when a prison sentence (simply for having nowhere to call home) results in someone becoming institutionalised and struggling to build a life after homelessness? The answer is nothing good.
None of these potential outcomes does anything to break down old stereotypes or prejudice. They don’t do anything to help, and do everything to hinder.
What does repealing the Vagrancy Act mean for homelessness?
First and foremost, this repeal means it will no longer be a criminal offence to experience homelessness or sleep rough. And whilst that’s a big deal, perhaps even more important is the fact that it finally breaks down a 200-year-old idea that people experiencing homelessness are somehow ‘other’, not worthy, and not part of the communities that we all belong to.
A large part of our outreach work is treating people with dignity after they’ve been repeatedly ignored or mistreated. Many of the people we work with have experienced trauma, so much of which has been completely out of their control.
This law change is finally a recognition that individuals aren’t to blame for homelessness, and that it’s time for all of us, those in power included, to help.
The government has said it will be taking a ‘more modern and supportive approach’ to homelessness. Among their promises, the government has pledged over £1bn to various homelessness support services and infrastructure.
These include:
- An Ending Homelessness Community Fund, which will support voluntary and community groups working directly with people experiencing homelessness.
- A supported housing fund, designed to get over 2,500 people into stable, secure accommodation before they reach the point of homelessness.
- Rough sleeping innovation programmes in areas most affected by homelessness, focusing specifically on people who’ve spent the longest amount of time on the streets.
- Investment in better-quality temporary accommodation.
They’re big promises, with big budgets. We’re looking forward to seeing what the delivery of these looks like in action. Could the tide finally be turning towards prevention as opposed to criminal cure? Only time will tell.
A step towards ending homelessness
Simon on the Streets, and other organisations like us, have been calling for reform for decades. Because we’ve seen and heard first-hand that the real key to ending homelessness is prevention, not prosecution. It’s support, not sentences.
Our outreach work is rooted in long-term support. It doesn’t end when someone is housed. Because we know the impact of experiencing homelessness can be long-lasting, with the chances of falling back into the cycle remaining high if support is taken away. The Vagrancy Act’s repeal is a huge step forward, but there are many more to go.
CEO of Homeless Link, Rick Henderson, summarised just how much this means when he said,
“This is truly a landmark moment that will change the lives of the many people at risk of being criminalised simply for seeking somewhere safe to sleep.”
“Rough sleeping should never be a crime. It is a result of people being let down by the systems intended to support them. We hope that the repeal of the Vagrancy Act shows the Government’s ambition and intent to move away from a punitive, crisis-led response towards one rooted in prevention, cross-government responsibility and targeted support ensuring that everyone has a place to call home and the support they need to keep it.”
Here at Simon on the Streets, your continued donations and support keep us out there in the community and go directly towards ending homelessness for good.
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