This week (June 10th) the Government committed to fully repealing the Vagrancy Act 1824. The legislation, which criminalises rough sleeping and begging, will finally be repealed in 2026, after being enshrined in law for more than 200 years. 

What is the Vagrancy Act?  

Spearheaded by Crisis,  homelessness charities, including NACCOM, have long been urging successive governments to repeal the outdated Vagrancy Act, which makes rough sleeping and begging a criminal offence in England and Wales. This ineffective and out-of-touch legislation punishes and marginalises people forced to endure rough sleeping, whilst doing nothing to address the systemic and societal root causes of homelessness.  

In 2021, the Conservative Government pledged to scrap the Vagrancy Act, and it was eventually repealed as part of the Police, Crime, Sentencing and Courts Act 2022, but the legislation has remained in operation. The intended replacement legislation – the Criminal Justice Bill – was dropped in 2024.  

The current Government has now committed to a full repeal of the Vagrancy Act in Spring 2026, with the replacement framework incorporated into the Crime and Policing Bill, which is expected to bring in narrow, targeted measures, rather than broad criminal offences aimed at rough sleeping. 

Why is scrapping the Act important?  

In their announcement, the Government said that repealing the Vagrancy Act reflects “modern attitudes, increased financial support for the homeless and the government’s mission to get to its root causes.”  

It’s an important milestone in changing the law to effectively address and tackle, rather than punish, rough sleeping, and a welcome step forward by the Government. It’s also an acknowledgement of the systemic injustice and persecution faced by people rough sleeping, which has led to the ongoing marginalisation and stigmatisation of those experiencing homelessness, as well as creating barriers to effective support provision.  

What does it mean for migrant and refugee homelessness?  

NACCOM, alongside other charities working with migrants experiencing homelessness, has previously raised concerns about the potential for any replacement legislation to the Vagrancy Act creating additional risk for migrant and refugee communities, if not carefully designed and implemented 

People seeking asylum and other migrants need support to rebuild their lives, not barriers that push them further into homelessness. In our recent briefing Vital Solutions to Ending Migrant Homelessness, NACCOM and Homeless Link highlighted the urgent need to reset the narrative on migration in the UK, to one that tackles racial injustice, strengthens community cohesion, and advances policies that protect, rather than marginalise or scapegoat, migrants. 

This is of particular concern in the current political context of increased immigration enforcement and returns activity; , with the Government is looking to further criminalise irregular migration through new legislation including the Border Security, Asylum and Immigration Bill, and increase asylum decision-making in a bid to cut costs, which is leaving people more vulnerable to homelessness and rough sleeping as they exit the asylum system.   

Migrants with no recourse to public funds (NRPF), including those who have been refused asylum, are particularly vulnerable to homelessness and rough sleeping, and we’ll be monitoring the Crime and Policing Bill and working with members and partners to understand the risks, including;  

  • Increased risk of surveillance and targeting powers that disproportionately impact migrants, especially where language barriers or lack of legal awareness exist, particularly within the context of increased immigration enforcement activity.  
  • Fear of engagement with services for those with insecure immigration status, particularly for those who have no recourse to public funds, and have no or limited support pathways. 
  • Intentional or unintentional discrimination towards migrants during enforcement of powers, including racial profiling, especially in towns/cities where public complaints or political pressure exists, or where there have been issues with community cohesion. 

Our statement; 

Bridget Young, NACCOM’s Director, said; 

“Repealing the Vagrancy Act 1824 is a significant and long overdue step towards ending the criminalisation of people forced to sleep rough – many of whom are among the most marginalised in our society. 

For over 200 years, this outdated law has punished people for the hardship of homelessness rather than addressing its root causes. It has entrenched stigma, discouraged people from accessing support, and disproportionately harmed those already failed by housing, welfare and immigration systems – including people from migrant and refugee backgrounds. 

While we welcome the Government’s commitment to repeal the Act, we remain concerned about how any replacement powers may impact people in the asylum and immigration system – particularly those with insecure status or no recourse to public funds, who face some of the highest risks of homelessness and rough sleeping. 

In the current political climate, people from migrant and refugee communities, including those who are homeless, are facing increasingly hostile policies that are pushing them further towards the margins of society, and placing them at direct risk of harm from far-right hate and violence. This repeal must signal a genuine shift in how we treat all people experiencing homelessness.   

Beyond scrapping the Vagrancy Act, the Government must confront the structural issues – including immigration policies – that keep so many trapped in destitution and prevent them from fully participating in society. With this in mind, we urge the Government to develop a cross-departmental homelessness strategy that puts migrant homelessness at its centre.”