The number of people sleeping rough in England has more than doubled from 1,768 in 2010 to 4,751 in 2017. The number of prosecutions under the Vagrancy Act 1824 increased from 1510 in 2006-07 to 2365 in 2015-16.
Under section 59 of the Anti-Social Behaviour, Crime and Policing Act 2014, a local authority may make a public spaces protection order if satisfied on reasonable grounds that two conditions are met. The first condition is that a) activities carried on in a public place within the authority's area have had a detrimental effect on the quality of life of those in the locality, b) or it is likely that activities will be carried on in a public place within that area and that they will have such an effect. The second condition is that the effect, or likely effect, of the activities a) is, or is likely to be, of a persistent or continuing nature, b) is, or is likely to be, such as to make the activities unreasonable, and c) justifies the restrictions imposed by the notice.
One in ten local authorities in England and Wales have made a Public Spaces Protection Order targeted against rough sleepers (The Independent, March 2016).
The 2014 Act must be read in such a way as to comply with the right to housing. It cannot be used against rough sleeping at all or at least without compelling evidence that rough sleeping is the direct cause of significant anti-social behaviour in the relevant area.
