Help stop councils criminalising homelessness

Councils are using Public Space Protection Orders (PSPOs) to criminalise homeless people.

My local council in Poole introduced cruel restrictions through these blunt powers in April 2018. Its PSPO, imposed in the town centre, turns begging and rough sleeping into offences which are punishable with hefty fines. The Council is equating poverty with anti-social behaviour, and needs to scrap the PSPO.

My name is Sarah Ward. I am a Poole resident and have worked in homelessness and rough sleeper services for over 25 years.

I have been trying to challenge the legality of the Council’s cruel PSPO. Despite having faced homelessness myself, and now being a carer, I have  been denied legal aid as the Legal Aid Agency suggested I would not gain personally from a case being brought against the council.

The fact is, anyone rough sleeping is not going to be in a position to fight a court case, particularly when they are trying to avoid being fined for being homeless.

I am now crowdfunding to bring this case to the High Court, with the support of Liberty, and to force BCP Council (formally Poole Council) to remove the clauses which seek to punish the most vulnerable. Continuing to fine people for being homeless or poor during a time when homelessness has gone up by over 160% in the last 8 years and when food banks can barely meet demand, is cruel and will only make it harder for people to improve their situations. These clauses are shameful and must be removed.

My council is just one of many across the country that have misused these blunt powers to target rough sleepers. If successful, the case will have major implications for anyone seeking to challenge a potentially unlawful PSPO.

Summary - 

In 2018, I started legal proceedings to challenge the Poole PSPO that targets homeless people. I applied for legal aid to bring the case but the Legal Aid Agency refused my request. I asked for the case to be put on hold whilst Liberty assisted me to challenge the refusal of legal aid in the courts.

The High Court said I’m not entitled to legal aid to challenge the PSPO. This means that my case against the PSPO will now proceed, as the hold in the court proceedings will come to an end on 4 November.

I’m fortunate that I have a legal team who will do all they can to make sure we are ready but there is currently a risk of legal costs I cannot afford further down the line. If I lose, I am likely to be ordered to pay the council’s legal costs, which could bankrupt me.

Call to action - I need to urgently raise money in order to pursue this case against BCP Council. 

What are we trying to achieve? - Not only will this case be hugely important for the people in Poole who are currently rough sleeping or in danger of doing so, but it will set a very clear legal precedent for the councils across the UK who are currently using PSPOs in this way or who are considering doing so. 

What is the next step in the case? - Next Monday, 4 November, I need to send details of my case to BCP council and to the court. Once this is done, my legal case starts in earnest. 

I have asked the council to agree not to seek costs against me if I lose and told them I would do the same if I won but they have refused to agree to this. If I lose, I am likely to be ordered to pay the council’s legal costs, which could bankrupt me.

How much we are raising and why? - I need to initially raise £2.5 k although this may need to be increased depending on what happens with the case. I am applying for a cost capping order to ensure these proceedings don’t bankrupt me. 

Thanks so much for any support you can give by donating and/or sharing!