The legislation would ‘create a move on power for rough sleeping where it causes damage, disruption, distress or harassment as well as health and safety or security risks’.
That open-ended definition is a free pass to draconian interventions of the sort the Metropolitan Police have just apologised for, and worse.
These new laws are coming into effect despite existing powers for local councils and police to address anti-social behaviour, including Criminal Behaviour Orders, Community Protection Notices and Public Spaces Protection Orders. Powers that aren’t always used consistently or fairly, as demonstrated in Camden.
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Beyond all this of course is the government’s now-impossible pledge to end rough sleeping in the next 12 months.
The compassion behind that aim is a million miles away from ministers’ current plans to effectively criminalise those they pledged to support. And despite indications from the government that police intervention will include signposting to support those who are ‘genuinely homeless’, we know that this simply isn’t workable in practice – local organisations are at breaking point and councils can’t keep up with demand.
That’s particularly true of young people – some of whom are told by councils to sleep rough to ‘prove’ their homelessness. Of the 119,300 under 25s in England who approached their council for help with homelessness last year, only 65% were assessed. That means 40,000 of them didn’t even get a chance to see if they were eligible for support, let alone access it.
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Criminalising someone for sleeping rough makes no sense, as the causes are generally not criminal in nature. However, the bill in its current form seeks to perpetuate the rough sleeping crisis even further rather than tackle the root causes.
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Law enforcement has an important role to play in keeping our communities safe – but it’s not right to ask them to police the housing crisis presided over by successive governments.
Ministers seriously need to rethink their proposals for the Criminal Justice Bill and recognise the wider system failure of housing, which criminalising people forced to sleep rough will only compound.
The only way forward is a fully funded and cross-government plan to end homelessness that is built on a model of support, not punishment.
Balbir Kaur Chatrik is director of policy and communications at Centrepoint.
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