A 200-year-old law that makes rough sleeping a criminal offence in England and Wales is to be scrapped by the Spring of next year, the government has confirmed.
The Vagrancy Act 1824 is a relic of the Napoleonic Wars. It was introduced initially to deal with wounded soldiers returning to the country, at a time when there was no real social safety net, and most people travelled by foot.
Concerns over homelessness were further exacerbated by the impact of the Industrial Revolution, as people flocked to the new industrial towns looking for work.
The law was introduced towards the end of the Georgian era and has remained on the statute books ever since. Use of the Act against rough sleeping has “significantly declined” over the years, though it nevertheless remains a threat for people trapped on the street.
But no more, says the Ministry of Housing, Communities & Local Government (MHCLG). By next Spring, the outdated legislation will be repealed, and replaced with legislation that reflects “modern attitudes” and which will seek to bolster support for the homeless and “get to its root causes”, backed by “major funding”.
Angela Rayner, housing secretary and deputy prime minister, 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“No one should ever be criminalised simply for sleeping rough and by scrapping this cruel and outdated law, we are making sure that can never happen again.”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 MHCLG has boosted funding for homelessness services by an extra £233m this financial year, bringing total investment for 2025-26 to nearly £1bn. This is intended to prevent more families from entering temporary accommodation and tackle rough sleeping head-on, the ministry says.
Rayner is also developing a new homelessness strategy with other government departments and mayors and councils that is to be be published later this year.
Historic shift
Rushanara Ali, minister for homelessness said: “[This] marks a historic shift in how we’re responding to the rough sleeping crisis, by repealing an archaic Act that is neither just nor fit for purpose.
“Scrapping the Vagrancy Act for good is another step forward in our mission to tackle homelessness in all its forms, by focusing our efforts on its root causes.”
According to MHCLG, government amendments to the Home Office’s Crime and Policing Bill will focus on “real crime and not rough sleeping”, with no replacement of previous legislation that criminalised people for simply sleeping rough.
It is claimed that new targeted measures will ensure police have the powers they need to keep communities safe – filling the gap left over by removing previous powers.
This will include a new offence of facilitating begging for gain and an offence of trespassing with the intention of committing a crime, both of which were previously included under the 1824 Act.
Organised begging, which is often facilitated by criminal gangs, exploits vulnerable individuals, and can undermine the public’s sense of safety. This offence makes it unlawful for anyone to organise others to beg, like driving people to places for them to beg. It will allow the police to crack down on the organised crime gangs that exploit vulnerable people to obtain cash for illicit activity.
The homelessness sector has welcomed the intention to repeal the 1824 Act; something it has long campaigned for. Indeed, the previous Conservative government had pledged to repeal the Act back in 2022, but the move fell by the wayside.
Shameful history
Matt Downie, chief executive of Crisis, said: “This is a landmark moment that will change lives and prevent thousands of people from being pushed into the shadows, away from safety.
“For 200 years the Vagrancy Act has meant that people who are homeless are treated as criminals and second class citizens. It has punished people for trying to stay safe and done nothing to address why people become homeless in the first place.
“Ending the use of the Vagrancy Act recognises a shameful history of persecuting people for poverty and destitution, something that figures like William Wilberforce and Winston Churchill warned against in their opposition to the Act.
“It is of great credit to the UK government that they have shown such principled leadership in scrapping this pernicious Act. We hope this signals a completely different approach to helping people forced onto the streets and clears the way for a positive agenda that is about supporting people who desperately want to move on in life and fulfil their potential.
“We look forward to assisting the UK government with their forthcoming homelessness strategy to do exactly that.”
Emma Haddad, chief executive of St Mungo’s, said: “The repeal of the Vagrancy Act, which criminalises rough sleeping, cannot come soon enough.
“Right now, we are supporting thousands of people who are rough sleeping; everyone facing this issue has their own heartbreaking story to tell of how they ended up on the streets – from complex mental and physical health issues to an increasingly unaffordable housing market.
“The answer is not to criminalise people for living on the streets but instead to focus on tackling the health, housing and wider societal issues that are causing homelessness in the first place.”
Rick Henderson, chief executive of Homeless Link, said: “This is an historic and long overdue reform, confirming at last that the government will remove a counter-productive and highly outdated law from our statute books.
“The homelessness support services we represent, many of whom work every day with people who regularly sleep rough, know the focus needs to be on supporting people into a secure home while addressing their other needs, not on sanctions and prosecution.
“We welcome the government’s delivery on a long-standing promise to repeal the Vagrancy Act. We also salute campaigners, activists and politicians from all parties who have backed the Scrap the Vagrancy Act campaign over the years.
“Ministers’ explicit pledge that there will be no equivalent powers criminalising rough sleeping in the new Crime and Policing Bill is also welcome. However, we will carefully analyse the amendments that focus on rough sleeping, and assess how these may impact on those sleeping rough and the services who support them.”
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