Britain has a dark history of criminalising homeless people in public spaces

Sleeping rough in Manchester. Image: Getty.

Since the onset of austerity in 2010, the estimated number of people sleeping rough in England has more than doubled, from 1,768 in 2010, to 4,134 in 2016. As the number of homeless people increases, while support services and hostels are diminishing, rough sleepers are becoming ever more visible in British cities. The Conversation

But rather than finding ways to accommodate the homeless, the UK government has sought to criminalise them. From archaic vagrancy laws, to the more recent Public Spaces Protection Orders (PSPOs), governments have been passing new laws and reviving old ones which result in the punishment of people with no fixed abode.

People without access to land or property are denied the freedom to roam, sit, eat, wash or sleep in public spaces. Or, where local authorities do lawfully permit street homeless people to access and use public spaces (for homeless camps, homeless shelters or day centres), these sites are routinely monitored by criminal justice agencies, bringing the homeless under direct surveillance and control.

Modern day vagrants

The criminalisation of the homeless can be traced back to 1824 and beyond, when vagrancy laws were implemented to control the spread of “urban poverty” at the height of the industrial revolution. During this time, land privatisation was being rolled out on a mass scale, and hundreds of thousands of people who lacked the means to purchase property were displaced from their homes and prohibited from accessing the land they once lived on.

Sleeping outlawed. Image: Tyne & Wear Archives & Museums/Flickr/creative commons.

Vagrancy laws criminalised access to land in cases where there was no contractual relationship, which gave police the power to arrest people who were not legally bound to property or land. These individuals were characterised as “incorrigible rogues” and “mobile anomalies” by the law, and punished with flogging, incarceration and even transportation to penal colonies such as Australia.

Fast forward almost two centuries, and these antiquated laws – and imperious attitudes – are still very much with us. In the period from 2006 to 2014, the number of court cases for “vagrancy-related offences” in England increased by 70 per cent – from 1,510 prosecutions to 2,365. The most noteworthy cases involved three men who were very nearly prosecuted for taking food waste from a supermarket refuse bin, and an operation in Sussex involving undercover police, which led to the arrest of 60 rough sleepers for accepting money from the public.

Hostile streets

This is the work of successive governments. Civil orders introduced under Tony Blair to target “street-crime” effectively led to a clampdown on begging, which sanctioned homeless communities en masse. When the coalition government came to power in 2010, these civil orders were amended to give local authorities even greater powers over what people do in public spaces.

In particular, Public Spaces Protection Orders (PSPOs), brought in under the 2014 Anti-social Behaviour, Crime and Policing Act, allowed local authorities to enforce on-the-spot fines for certain activities. Predictably, local authorities are applying these new powers to target homeless people by sanctioning what they do in public spaces: street drinking, begging, camping in parks, defecating and urinating and in some cases even sleeping.

Not only do PSPOs criminalise the homeless, they also make these tactics appear as a local response to a perceived problem and avoids the exposure and opposition which national measures usually invoke. Yet PSPOs are not a local response: their use is widespread across England, and it’s increasing, with one in 10 local authorities now using PSPOs to criminalise homeless people.

To make matters worse, private owners of commercial land are boarding-up shop doorways, erecting spikes and using possession laws to forcibly remove the homeless from commercial spaces.


The fight for the right to exist

Yet there have been moments of resistance against these anti-homeless measures. Both campaigns by organisations such as Liberty, and individuals like the family who placed cushions over anti-homeless spikes in Manchester, are challenging the punitive measures adopted by local authorities. In some areas this has led to the successful withdrawal of PSPO proposals.

In austerity Britain, these movements are gathering momentum and stirring up indignation about the uneven distribution of wealth, property and land. Some resistance movements are even occupying empty properties to make space for homeless people and homeless communities themselves are documenting their own daily struggle as they fight for the right to exist in public spaces.

Homelessness itself is not yet a crime, but anti-homeless laws and strategies are restricting homeless people’s freedom, and turning everyday activities into punishable offences. Yet survival defines the daily lives of homeless people, and in the face of oppression they will find new ways to expose the violence and prejudice they encounter in the every day.

Victoria Cooper and Daniel McCulloch are lecturers in social policy & criminology at The Open University.

This article was originally published on The Conversation. Read the original article.

 
 
 
 

Was the decline in Liverpool’s historic population really that unusual?

A view of Liverpool from Birkenhead. Image: Getty.

It is often reported that Liverpool’s population halved after the 1930s. But is this true? Or is it a myth?

Often, it’s simply assumed that it’s true. The end. Indeed, proud Londoner Lord Adonis – a leading proponent of the Liverpool-bypassing High Speed 2 railway, current chair of the National Infrastructure Commission, and generally a very influential person – stood on the stairs in Liverpool Town Hall in 2011 and said:

“The population of Liverpool has nearly halved in the last 50 years.”

This raises two questions. Firstly, did the population of the City of Liverpool really nearly halve in the 50 year period to 2011? That’s easy to check using this University of Portsmouth website – so I did just that (even though I knew he was wrong anyway). In 2011, the population of the City of Liverpool was 466,415. Fifty years earlier, in 1961, it was 737,637, which equates to a 37 per cent drop. Oops!

In fact, the City of Liverpool’s peak population was recorded in the 1931 Census as 846,302. Its lowest subsequent figure was recorded in the 2001 Census as 439,428 – which represents a 48 per cent decline from the peak population, over a 70 year period.

Compare this to the population figures for the similarly sized City of Manchester. Its peak population also recorded in the 1931 Census as 748,729, and its lowest subsequent figure was also recorded in the 2001 Census, as 392,830. This also represents a 48 per cent decline from the peak population, over the same 70 year period.

So, as can be seen here, Liverpool is not a special case at all. Which makes me wonder why it is often singled out or portrayed as exceptional in this regard, in the media and, indeed, by some badly briefed politicians. Even London has a similar story to tell, and it is told rather well in this recent article by a Londoner, for the Museum of London. (Editor’s note: It’s one of mine.)

This leads me onto the second question: where have all those people gone: London? The Moon? Mars?

Well, it turns out that the answer is bit boring and obvious actually: after World War 2, lots of people moved to the suburbs. You know: cars, commuter trains, slum clearance, the Blitz, all that stuff. In other words, Liverpool is just like many other places: after the war, this country experienced a depopulation bonanza.


So what form did this movement to the suburbs take, as far as Liverpool was concerned? Well, people moved and were moved to the suburbs of Greater Liverpool, in what are now the outer boroughs of the city region: Halton, Knowsley, St Helens, Sefton, Wirral. Others moved further, to Cheshire West & Chester, West Lancashire, Warrington, even nearby North Wales, as previously discussed here.

In common with many cities, indeed, Liverpool City Council actually built and owned large several ‘New Town’ council estates, to which they moved tens of thousands of people to from Liverpool’s inner districts: Winsford in Cheshire West (where comedian John Bishop grew up), Runcorn in Halton (where comedian John Bishop also grew up), Skelmersdale in West Lancashire, Kirkby in Knowsley. There is nothing unique or sinister here about Liverpool (apart from comedian John Bishop). This was common practice across the country – Indeed, it was central government policy – and resulted in about 160,000 people being ‘removed’ from the Liverpool local authority area.

Many other people also moved to the nearby suburbs of Greater Liverpool to private housing – another trend reflected across the country. It’s worth acknowledging, however, that cities across the world are subject to a level of ‘churn’ in population, whereby many people move out and many people move in, over time, too.

So how did those prominent images of derelict streets in the inner-city part of the City of Liverpool local authority area come about? For that, you have to blame the last Labour government’s over-zealous ‘Housing Market Renewal Initiative’ (HMRI) disaster – and the over enthusiastic participation of the then-Lib Dem controlled city council. On the promise of ‘free’ money from central government, the latter removed hundreds of people from their homes with a view to demolishing the Victorian terraces, and building new replacements. Many of these houses, in truth, were already fully modernised, owner-occupied houses within viable and longstanding communities, as can be seen here in Voelas Street, one of the famous Welsh Streets of Liverpool:

Voelas Street before HMRI implementation. Image: WelshStreets.co.uk.

The same picture after HMRI implementation Image: WelshStreets.co.uk. 

Nonetheless: the council bought the houses and ‘tinned them up’ ready for demolition. Then the coalition Conservative/Lib Dem government, elected in 2010, pulled the plug on the scheme. 

Fast forward to 2017 and many of the condemned houses have been renovated, in a process which is still ongoing. These are over-subscribed when they come to market, suggesting that the idea was never appropriate for Liverpool on that scale. 

At any rate, it turns out that the Liverpool metropolitan population is pretty much the same as it was at its peak in 1931 (depending where the local borough boundaries are arbitrarily drawn). It just begs the question: why are well educated and supposedly clever people misrepresenting the Liverpool metropolis, in particular, in this way so often? Surely they aren’t stupid are they?


And why are some people so determined to always isolate the City of Liverpool from its hinterland, while London is always described in terms of its whole urban area? It just confuses and undermines what would otherwise often be worthwhile comparisons and discussions. Or, to put it another way: “never, ever, compare apples with larger urban zones”.

In a recent Channel 4 documentary, for example, the well-known and respected journalist Michael Burke directly compared the forecast population growths, by 2039, of the City of Liverpool single local authority area against that of the combined 33 local authority areas of Greater London: 42,722 versus 2.187,708. I mean, what bizarre point is such an inappropriate comparison even trying to make? It is like comparing the projected growth of a normal sized-person’s head with the projected growth of the whole of an obese person, over a protracted period.

Having said all that, there is an important sensible conversation to be had as to why the populations of the Greater Liverpool metropolis and others haven’t grown as fast as maybe should have been the case, whilst, in recent times, the Greater London population has been burgeoning. But constantly pitching it as some sort of rare local apocalypse helps no one.

Dave Mail has declared himself CityMetric’s Liverpool City Region correspondent. He will be updating us on the brave new world of Liverpool City Region, mostly monthly, in ‘E-mail from Liverpool City Region’ and he is on twitter @davemail2017.