New research from Sheffield Hallam University is the first to look at how Community Protection Notices (CPNs) are being used inconsistently to manage anti-social behaviour attributed to people experiencing street homelessness.
CPNs are part of anti-social behaviour laws introduced in England and Wales in 2014. They can be applied to a wide range of anti-social behaviours and there is no specific guidance given by the Home Office on how they should be used to address anti-social behaviours associated with street homelessness.
Dr Vicky Heap, from Sheffield Hallam University, said: “The last 20 years has seen a shift away from centralised planning on homelessness policy to a more localised set of approaches with no clear guidance which has left this vulnerable population subject to a postcode lottery when it comes to the enforcement of anti-social behaviour powers.
“There’s an increased likelihood of surveillance, policing, criminalisation and sanction depending on where and how they live. It also means that their experience and engagement with authorities and support could be very different.”
Researchers interviewed council and police officers from across England and found differences in how they were issuing CPNs to homeless people and the enforcement of breaches to CPNs.
Breaching a CPN is a criminal offence punishable by a fixed penalty notice or a fine, in some areas officers said they would not issue a CPN to street sleeping homeless people:
“You’re setting them up to fail. They’re never going to be able to pay a fine, so then what’s the point of it – it's almost like we’re trying to catch them out and that’s not what I’m about personally.”
However, a larger number of issuing officers favoured pursuing criminal proceedings. One police officer highlighted how people experiencing street homelessness were more likely to be monitored to proactively look for a breach:
“We’ve got officers in the town centre, we’ve got CCTV. So, if we gave someone a CPN saying we do not want you, for example, begging or loitering or rough sleeping in the town, our CCTV will be informed and would proactively tell us if there’s a breach.”
In some areas, CPNs were issued to people experiencing street homelessness but framed as an intervention package to push them to get support. It was also mentioned that some police bodies and councils worried about ‘PR’ surrounding homelessness.
Using enforcement to manage homelessness can be damaging to existing relationships with services, displace them into more dangerous areas or activities and cause distress and anxiety.
The researchers have made recommendations based on their findings, calling on the Home Office to improve the statutory guidance and include a subsection that specifically addresses people experiencing street homelessness.
