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Blog posted by: Louise Weaver, wednesday, 17 January 2018.

Since the introduction of Public Spaces Protection Orders under the ‘Anti-social Behaviour, Crime and Policing Act 2014’, various groups and communities have expressed their concern over councils’ use of these powers.

On several occasions, it was argued that PSPOs were being misinterpreted and used to unfairly discriminate against people who were homeless or sleeping rough. A notable example was the recent case of Oxford City Council warning rough sleepers that they must remove their possessions from doorways, or face fines of up to £2,500 for unreasonable conduct and causing an obstruction, although the council did issue a statement explaining its position.

Criminalising vulnerable people who are homeless or sleeping rough does nothing to solve the root causes of the problem, and orders such as PSPOs and Criminal Behaviour Orders have sometimes prevented people from accessing vital services and support that will help aid their recovery.

In a move that should help to avoid the inappropriate issuing of PSPOs in future, in December 2017, the Home Office updated its guidance on the Orders.

The new guidance now specifically states that PSPOs ‘should not be used to target people based solely on the fact that someone is homeless or rough sleeping, as this in itself is unlikely to mean that such behaviour is having an unreasonably detrimental effect on the community’s quality of life which justifies the restrictions imposed’.

It goes on to advise that councils should consider whether the use of PSPOs is the appropriate response to dealing with complaints about homeless people and that any Order ‘defines precisely the specific activity or behaviour that is having the detrimental impact on the community’.

Importantly, councils are now directed to consider taking measures that tackle the root causes of the behaviour and consulting with homeless charities when considering restrictions or requirements that may impact on rough sleepers.

The changes to the guidance are welcome; Homeless Link and our members have always advocated for a multi-agency partnership working approach to ensure that people get the help they need to tackle any issues they may have and end their homelessness for good. This should include long-term strategies and solutions such as personal support, assistance into employment and increased availability of low-cost housing, and we will continue to support such approaches through our regional practice work and the sharing of best practice case studies.

The updated guidance document can be found here; the section about homeless people and rough sleepers is on page 51.