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The Homelessness Reduction Act 2017: furthering not fracturing marginalisation of those experiencing homelessness

Published online by Cambridge University Press:  06 April 2022

Chris Bevan*
Affiliation:
Associate Professor in Property Law, Durham Law School, UK
*
*Corresponding author. E-mail: [email protected]

Abstract

The Homelessness Reduction Act 2017 represents the most significant change to the rights of homeless people in England for decades. Through an analysis of the history of homelessness legislation in England, but focusing on the ‘ground-breaking’ 2017 Act, this paper explores how the homeless population is represented and ‘constructed’ in this new legislation and what this tells us about the place of homeless people in our society. In so doing, this paper exposes how the 2017 Act – a state instrument of apparent homelessness prevention – can be read and understood as contributing to rather than obviating the marginalisation and social exclusion of homeless people.

Type
Special Issue Article
Copyright
Copyright © The Author(s), 2022. Published by Cambridge University Press

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References

Anderson, I (1999) Social housing or social exclusion? Non-access to housing for single homeless people. In Hutson, S and Clapham, D (eds), Homelessness: Public Policies and Private Troubles. London: Cassell: London, Chapter 8.Google Scholar
Bevan, C (2014) The Localism Act 2011: the hollow housing law revolution. Modern Law Review 77, 964982.CrossRefGoogle Scholar
Bevan, C (2021) Governing ‘the homeless’ in English homelessness legislation: Foucauldian governmentality and the Homelessness Reduction Act 2017. Journal of Housing, Theory & Society 38, 259278.CrossRefGoogle Scholar
Bevan, C and Laurie, E (2017) The Housing and Planning Act 2016: rewarding the aspiration of homeownership? Modern Law Review 80, 661684.CrossRefGoogle Scholar
Burchell, M, Gordon, C and Miller, P (1991) The Foucault Effect: Studies in Governmentality. Chicago: University of Chicago Press.CrossRefGoogle Scholar
Castel, R (1991) From dangerousness to risk. In Burchell, M, Gordon, C and Miller, P (eds), The Foucault Effect: Studies in Governmentality. Chicago: University of Chicago Press, Chapter 14.Google Scholar
Clapham, D (2008) Homelessness and social exclusion. In Abraham, D, Christian, J and Gordon, D (eds), Multidisciplinary Handbook of Social Exclusion Research. London: John Wiley & Sons, Chapter 5.Google Scholar
Clarke, A (1990) Prejudice, ignorance and panic! Popular politics in a land fit for scroungers. In Loney, M, Boswell, D and Clarke, J (eds), Social Policy and Social Welfare. Buckingham: Open University Press, Chapter 4.Google Scholar
Cowan, D (ed.) (1996) The Housing Act 1996 – A Practical Guide. Bristol: Jordans.Google Scholar
Cowan, D (1997) Homelessness: The (In)Appropriate Applicant. Abingdon: Routledge.Google Scholar
Cowan, D (2019) Reducing homelessness or re-ordering the deckchairs? Modern Law Review 82, 105128.CrossRefGoogle Scholar
Crowson, N (2013) Revisiting the 1977 Housing (Homeless Persons) Act: Westminster, Whitehall, and the Homelessness Lobby. Twentieth Century British History 24, 424447.CrossRefGoogle Scholar
De Friend, R (1978) The Housing (Homeless Persons) Act 1977. Modern Law Review 41, 173.CrossRefGoogle Scholar
Department for Communities & Local Communities (2017a) Draft Homelessness Code of Guidance for Local Authorities.Google Scholar
Department for Communities and Local Government (2017b) Homelessness Reduction Bill: Explanatory Notes.Google Scholar
Department of the Environment (1995) Our Future Homes: Opportunity, Choice, Responsibility: The Government's Housing Policies for England and Wales.Google Scholar
Evans, J (2012) Supportive measures, enabling restraint: governing homeless ‘street drinkers’ in Hamilton, Canada. Social & Cultural Geography 13, 185.CrossRefGoogle Scholar
Fitzpatrick, S et al. (2021) The Homelessness Monitor: England 2021. London: Crisis.Google Scholar
Gordon, D (1991) Governmental rationality. In Burchell, M, Gordon, C and Miller, P (eds), The Foucault Effect: Studies in Governmentality. Chicago: University of Chicago Press, Chapter 1.Google Scholar
Jacobs, K, Kemeny, J and Manzi, T (1999) The struggle to define homelessness: a constructivist approach. In Hutson, S and Clapham, D (eds), Homelessness: Public Policies and Private Troubles. London: Cassell, Chapter 1.Google Scholar
Hickman, P et al. (2017) The impact of the direct payment of housing benefit: evidence from Great Britain. Housing Studies 32, 11051126.CrossRefGoogle Scholar
Lee, P and Murie, A (1997) Poverty, Housing Tenure and Social Exclusion. Bristol: Policy Press.Google Scholar
Local Government & Social Care Ombudsman (2020) Home Truths: How Well Are Councils Implementing the Homelessness Reduction Act 2017.Google Scholar
Loveland, I (2018) Reforming the homelessness legislation? Exploring the constitutional and administrative legitimacy of judicial law-making. Public Law, 299323.Google Scholar
Marsh, A and Mullins, D (1998) The social exclusion perspective and housing studies: origins, applications and limitations. Housing Studies 13, 749760.CrossRefGoogle Scholar
Marshall, TH (1950) Citizenship and Social Class: And Other Essays. Cambridge: Cambridge University Press.Google Scholar
McKee, et al. (2021) Redrawing the border through the ‘right to rent’: exclusion, discrimination and hostility in the English housing market. Critical Social Policy 41, 91110.CrossRefGoogle Scholar
Ministry of Housing, Communities & Local Government (2018, updated 2019) Homelessness Code of Guidance for Local Authorities.Google Scholar
Nelken, D (1982) Is there a crisis in law and legal ideology. Journal of Law and Society 9, 177189.CrossRefGoogle Scholar
Nelken, D (1983) The Limits of the Legal Process: A Study of Landlords, Law and Crime. London: Academic Press.Google Scholar
Nichols, J et al. (2018) Reframing Homelessness in the United Kingdom: A FrameWorks Message Memo. London: FrameWorks Institute.Google Scholar
Orwell, G (1933) Down and Out in Paris and London. London: Victor Gollancz.Google Scholar
Pawson, H and Kintrea, K (2002) Part of the problem or part of the solution? Journal of Social Policy 34, 643667.CrossRefGoogle Scholar
Powell, R (2015) Housing benefit reform and the private rented sector in the UK: on the deleterious effects of short-term, ideological ‘knowledge’. Journal of Housing, Theory & Society 32, 320345.CrossRefGoogle Scholar
Preece, J et al. (2020) Forms and mechanisms of exclusion in contemporary housing systems: a scoping study. UK Collaborative Centre for Housing Evidence, February 2020.Google Scholar
Room, G (1995) Poverty in Europe: competing paradigms of analysis; policy and politics. Policy and Politics 23, 103–13.CrossRefGoogle Scholar
Rose, N (1999) Powers of Freedom: Reframing Political Thought. Cambridge: Cambridge University Press.CrossRefGoogle Scholar
Shelter (2017) Consultation Response: Department for Communities and Local Government Consultation on Draft Homelessness Code of Guidance for Local Authorities: Executive Summary.Google Scholar
Shelter (2018) Homelessness Reduction Act 2017 Policy and Practice Briefing.Google Scholar
Shelter (2019) Building for Our Future: A Vision for Social Housing.Google Scholar
Silver, H (2007) Social Exclusion: Comparative Analysis of Europe and Middle East Youth. Middle East Youth Initiative Working Paper. Wolfensohn Center for Development, Dubai School of Government, September 2007(1).Google Scholar
Somerville, P (1998) Explanations of social exclusion: where does housing fit in? Housing Studies 13, 761780.CrossRefGoogle Scholar
St Mungo's (2018) Home for Good: The Role of Floating Support Services in Ending Rough Sleeping.Google Scholar
Tomas, A and Dittmar, H (1995) The experience of homeless women: an exploration of housing histories and the meaning of home. Housing Studies 10, 493515.Google Scholar
Walker, J (2019) Invisible in Plain Sight: Fighting Loneliness in the Homeless Community. Open Democracy. Available at: https://www.opendemocracy.net/en/opendemocracyuk/invisible-plain-sight-fighting-loneliness-homeless-community/ (accessed 7 February 2022).Google Scholar
Wilson, et al. (2019) Comparing Private Rented Sector Policies in England, Scotland, Wales and Northern Ireland. House of Commons Library Briefing Paper No. 07624.Google Scholar