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PSPOs: a UK-wide problem

May 12 2016
PSPOs are being used to criminalise homelessness © David Holt on Creative Commons PSPOs are being used to criminalise homelessness © David Holt on Creative Commons
One in 10 British local authorities makes moves towards criminalising rough sleeping and begging

Ben McCabe investigates the potential impact of ‘Public Space Protection Orders’ as one in 10 British local authorities makes moves towards criminalising rough sleeping and begging.

Yet another local authority has approved plans to use Public Space Protection Orders (PSPOs) to criminalise rough sleepers.

On 19 April, the Argus reported, councillors of Worthing Borough Council in West Sussex voted in the measures, which will give the police powers to issue a £50 on-the-spot penalty or £1,000 fine to people sleeping rough – or “overnight camping” – in designated areas.

Speaking to the Shoreham Herald, Dan Thompson, the spokesman for the Worthing People’s Assembly, said: “By using PSPOs rather than addressing the underlying causes, [Worthing Council] is exacerbating the problem, as homeless people will be displaced to other areas or forced into more debt or the criminal justice system, making them more entrenched and less likely to get off the streets.”

A UK-wide problem

According to research by VICE.com published earlier this year, more than one in 10 local authorities are making moves to criminalise homelessness using PSPOs or have already done so.

Last year, Hackney Council hit the headlines after introducing PSPOs for anyone found begging, sleeping rough or drinking alcohol in certain parts of the borough.

Rough sleeping in Hackney has risen by 32 per cent since June 2014, making it the borough with the third highest percentage of homeless people in the country.

“They have slowly pushed a lot of people out of the City, and that’s why there are a lot of people in Hackney now,” suggests rough sleeper Alan Paul, speaking to East London Lines. “They seem to be pushing everyone away.”

Following an 80,000-strong petition claiming the new rules criminalised people living on the streets, Hackney Council withdrew its PSPO, though it recently refused to rule out implementing another such policy in the future.

Oxford Council decided not to follow through with a policy similar to Hackney’s following a mass of complaints. However this hasn’t prevented some areas from pressing ahead with draconian measures. A rough sleeping ban has been introduced in Shepway and is being considered in Cheshire West and Chester, Gravesham, Maidstone, Wrexham, and Chelmsford, though Chelmsford City Council claims only rough sleepers “who have behaved anti-socially” will be targeted using this policy.

What is the purpose of PSPOs?

PSPOs were introduced as part of the Anti-Social Behaviour, Crime and Policing Act 2014, giving extra powers to local councils to help them fulfil their obligation to tackle anti-social behaviour. The definition of what can be included in a PSPO is incredibly broad, encompassing activities that have “detrimental effect, of a persistent or continuing nature, on the quality of life of those in the locality”.

This has so far been interpreted by certain councils to include all kinds of behaviour, including creating pavement art, swearing and shouting in public – even “standing or waiting around without apparent purpose” – as well as measures specifically targeted at rough sleepers.

“A range of measures has been proposed,” notes human rights group Liberty, “including a ban on rough sleeping and ‘aggressive’ and ‘persistent’ begging – ‘persistent’ being defined by the authority as begging ‘on more than one occasion’ … Local authorities should focus on finding ways to help the most vulnerable – not criminalise them and slap them with fines they can’t possibly pay.”

A continuing threat

The open-ended nature of PSPOs means there is a distinct possibility that other local councils will adopt measures similar to those approved by Worthing. While the response to Hackney and Oxford’s plans proves that public sentiment can play a part in guiding a responsible implementation of this law, the lack of national government oversight and the broad, ambiguous remit of these anti-social orders pose a serious threat to every citizen’s right to access public spaces.

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