Narrow Margins: the criminalisation of trespass, the politics of property, and life on the margins in England
Lead Research Organisation:
Birmingham City University
Department Name: BLSS Sch of Social Sciences
Abstract
Context
In 2019, the Conservative Party's proposals to further criminalise trespass in England went without public debate under the discursive dominance of Brexit. Now, Covid-19 has taken over the agenda, whilst simultaneously revealing the fault lines of our current property and housing system. The steady criminalisation of trespass, through a series of legislation in the UK, has directly impacted on those most marginalised by existing unequal property systems. For some communities, trespass can be the only route to meet fundamental needs, such as shelter, security, and social support networks, as well as finding ways to assert ignored voices in protest or public debate (e.g., through protest and direct action). On a longer historical scale, and mirroring criminalisation, there has also been a formalisation of property, where ownership is increasingly protected through registration and title. This represents a shift away from emphasising 'use' as the basis for legitimate ownership, and towards property 'title', in a way which makes it easier for a polarisation of property use concentrated into fewer and fewer hands. It's on the narrow margins where these twin processes of criminalisation and formalisation are taking their toll, trapping vulnerable communities. Together, the criminalisation of trespass and formalisation of property represent an historically novel intervention by the state in arbitrating legitimate property use, transforming civil law towards a punitive approach that seeks to punish offenders on behalf of owners.
Aims/Objectives
The project aims to explore the steady criminalisation of trespass and its impact upon marginalised communities in England. Research Question (RQ1) asks what the everyday impacts of criminalisation and formalisation are on marginalised communities, with the objective (Obj1) of encouraging debate around property and trespass. This is in direct response to the government's proposals to criminalise trespass in England and will be achieved through building an evidence base which can support marginalised groups and campaigns, as well as inform public debate and policy-making.
RQ2 focuses on the common and contrasting experiences of trespass and property. This will build an intersectional picture of the impact of these trends across groups with different motivations and aims, with the objective (Obj2) of a better empirical understanding of lived experiences of trespass and property on the margins in England. The 4 case studies represent different communities, motivations, and demographics, in order to compare and contrast varied experiences, and advance the visibility of their marginality.
Finally, RQ3 unpacks the assumptions and rationales which underpin moves towards trespass criminalisation, and seeks to explore the geo-historical intersection of property formalisation with colonialism. The objective (Obj3) is to synthesise existing approaches to property and trespass (Social Sciences & Law), with sub-disciplinary approaches to the case studies, and decolonial literature, in order to develop a new conceptual framework for understanding these issues in the UK.
Potential Applications/Benefits
By privileging the lived experiences and voices of trespassers who are simultaneously vilified and squeezed by existing property systems, the collected data will build a picture of everyday impacts of criminalisation and formalisation, working across 4 case studies to develop insights. The project deliverables will support the voices of these communities and partners by providing an evidence base, which can be mobilised in campaigns and used to inform public debate. Scholarly and public understanding of the wider impacts of criminalisation will also be expanded through the project, countering negative stereotypes and misunderstandings of these communities. Finally, the research will inform government decision-making around such policies.
In 2019, the Conservative Party's proposals to further criminalise trespass in England went without public debate under the discursive dominance of Brexit. Now, Covid-19 has taken over the agenda, whilst simultaneously revealing the fault lines of our current property and housing system. The steady criminalisation of trespass, through a series of legislation in the UK, has directly impacted on those most marginalised by existing unequal property systems. For some communities, trespass can be the only route to meet fundamental needs, such as shelter, security, and social support networks, as well as finding ways to assert ignored voices in protest or public debate (e.g., through protest and direct action). On a longer historical scale, and mirroring criminalisation, there has also been a formalisation of property, where ownership is increasingly protected through registration and title. This represents a shift away from emphasising 'use' as the basis for legitimate ownership, and towards property 'title', in a way which makes it easier for a polarisation of property use concentrated into fewer and fewer hands. It's on the narrow margins where these twin processes of criminalisation and formalisation are taking their toll, trapping vulnerable communities. Together, the criminalisation of trespass and formalisation of property represent an historically novel intervention by the state in arbitrating legitimate property use, transforming civil law towards a punitive approach that seeks to punish offenders on behalf of owners.
Aims/Objectives
The project aims to explore the steady criminalisation of trespass and its impact upon marginalised communities in England. Research Question (RQ1) asks what the everyday impacts of criminalisation and formalisation are on marginalised communities, with the objective (Obj1) of encouraging debate around property and trespass. This is in direct response to the government's proposals to criminalise trespass in England and will be achieved through building an evidence base which can support marginalised groups and campaigns, as well as inform public debate and policy-making.
RQ2 focuses on the common and contrasting experiences of trespass and property. This will build an intersectional picture of the impact of these trends across groups with different motivations and aims, with the objective (Obj2) of a better empirical understanding of lived experiences of trespass and property on the margins in England. The 4 case studies represent different communities, motivations, and demographics, in order to compare and contrast varied experiences, and advance the visibility of their marginality.
Finally, RQ3 unpacks the assumptions and rationales which underpin moves towards trespass criminalisation, and seeks to explore the geo-historical intersection of property formalisation with colonialism. The objective (Obj3) is to synthesise existing approaches to property and trespass (Social Sciences & Law), with sub-disciplinary approaches to the case studies, and decolonial literature, in order to develop a new conceptual framework for understanding these issues in the UK.
Potential Applications/Benefits
By privileging the lived experiences and voices of trespassers who are simultaneously vilified and squeezed by existing property systems, the collected data will build a picture of everyday impacts of criminalisation and formalisation, working across 4 case studies to develop insights. The project deliverables will support the voices of these communities and partners by providing an evidence base, which can be mobilised in campaigns and used to inform public debate. Scholarly and public understanding of the wider impacts of criminalisation will also be expanded through the project, countering negative stereotypes and misunderstandings of these communities. Finally, the research will inform government decision-making around such policies.
Organisations
Publications

Burgum S
(2023)
Critical geographies of occupation, trespass and squatting
in City

Burgum, S.
Goldilocks Zones: homelessness and trespassing in public space on London's Narrow Margins
in International Journal of Urban and Regional Research




Burgum, S.
(2024)
Solidarity Not Charity
Title | Exhibition of research findings (House of Annetta)) |
Description | Poster exhibition of research findings at final knowledge exchange event. Public and project stakeholders. 5-6 June 2024. |
Type Of Art | Artistic/Creative Exhibition |
Year Produced | 2024 |
Impact | Sharing research findings and ongoing collaborations with project partners (future research funding) |
Title | Exhibition of research findings (Leeds GATE) |
Description | Poster exhibition of mental sketch maps and interview quotes at community hub: Leeds Gypsy and Traveller Exchange. July 2023. |
Type Of Art | Artistic/Creative Exhibition |
Year Produced | 2023 |
Impact | Sharing research results back to participants, community, and underscoring the work of Leeds GATE (charity). |
Description | The increasing formalisation of property and criminalisation of trespass has created an impossible situation for those on the margins. For those sleeping rough on London's streets, they are being moved along and giving little opportunity to exercise accountability, with the normative power of private/public property seemingly providing an elastic authority for private security and police. They however also exercise expertise in finding 'goldilocks zones' in the city, both representing their marginality and ability to persist/resist. Gypsy and Traveller families living roadside are equally being moved along again and again, with police and landowners empowered at the expense of their human rights. Both of these cases are examples of the extension of colonial lives of property and the way in which they structure owners/non-owners and their citizenship. |
Exploitation Route | Conceptual innovations (narrow margins, goldilocks zones) and methodological innovations (mental sketch mapping). |
Sectors | Communities and Social Services/Policy Government Democracy and Justice |
Description | The main impact so far has been contributing vital research evidence to Garden Court Chambers who took the Home Office to the High Court in August 2023. In May 2024, the court made a landmark decision that the Police Act 2022 was incompatible with the Human Rights Act. Our research has also supported Streets Kitchen to set up a legal clinic, as well as working with Amnesty International in their campaign against the criminalisation of homelessness. In addition to this, we have disseminated research via written public outputs, exhibitions, media engagement, and multiple knowledge exchange events, in addition to social media and a dedicated project website. |
First Year Of Impact | 2024 |
Sector | Government, Democracy and Justice |
Impact Types | Societal Policy & public services |
Description | Contribution of Evidence to a Judicial Review of the Police Act 2022 |
Geographic Reach | National |
Policy Influence Type | Contribution to a national consultation/review |
Description | Becoming Brixton |
Amount | £60,000 (GBP) |
Organisation | Birmingham City University |
Sector | Academic/University |
Country | United Kingdom |
Start | 08/2025 |
End | 08/2027 |
Description | Street Legal |
Amount | £3,000 (GBP) |
Organisation | Birmingham City University |
Sector | Academic/University |
Country | United Kingdom |
Start | 03/2025 |
End | 07/2025 |
Description | Chapter in People's History of Finsbury Park book |
Form Of Engagement Activity | A magazine, newsletter or online publication |
Part Of Official Scheme? | No |
Geographic Reach | Regional |
Primary Audience | Public/other audiences |
Results and Impact | Chapter sharing research in People's History of Finsbury Park public facing book. Published 3 July 2024. Edited by Museum of Homelessness and funded by English Heritage. |
Year(s) Of Engagement Activity | 2024 |
Description | Final Knowledge Exchange Event |
Form Of Engagement Activity | Participation in an activity, workshop or similar |
Part Of Official Scheme? | No |
Geographic Reach | National |
Primary Audience | Study participants or study members |
Results and Impact | Final knowledge exchange event. House of Annetta, London. 5-6 June 2024. |
Year(s) Of Engagement Activity | 2024 |
Description | Interview with 600 Years of Homelessness podcast |
Form Of Engagement Activity | A broadcast e.g. TV/radio/film/podcast (other than news/press) |
Part Of Official Scheme? | No |
Geographic Reach | National |
Primary Audience | Public/other audiences |
Results and Impact | Interview with 600 Years of Homelessness podcast, sharing research findings. Launched 20 June 2024. |
Year(s) Of Engagement Activity | 2024 |
Description | Interview with BBC Radio London (live on air) |
Form Of Engagement Activity | A press release, press conference or response to a media enquiry/interview |
Part Of Official Scheme? | No |
Geographic Reach | Regional |
Primary Audience | Public/other audiences |
Results and Impact | Interview live on air with BBC Radio London exploring trespass and squatting. 23 April 2024. |
Year(s) Of Engagement Activity | 2024 |
Description | Interview with The Sunday Times |
Form Of Engagement Activity | A press release, press conference or response to a media enquiry/interview |
Part Of Official Scheme? | No |
Geographic Reach | National |
Primary Audience | Public/other audiences |
Results and Impact | Interview with The Sunday Times about trespass and squatting. Published 20 April 2024. |
Year(s) Of Engagement Activity | 2024 |
URL | https://www.thetimes.com/business-money/money/article/squatters-rights-uk-landlords-eviction-gordan-... |
Description | Knowledge Exchange Event (Perpetual Stew) |
Form Of Engagement Activity | Participation in an activity, workshop or similar |
Part Of Official Scheme? | No |
Geographic Reach | Local |
Primary Audience | Public/other audiences |
Results and Impact | 'Perpetual Stew' public knowledge exchange event organised by project research assistant Isabella Pojuner at House of Annetta, Spitalfields. 27-30 August 2023. Parallel to the RGS-IBG annual conference. Leading to future PhD project on 'Museum of Enclosure' (Pojuner). |
Year(s) Of Engagement Activity | 2023 |
Description | Knowledge Exchange Event 1 (online) |
Form Of Engagement Activity | A formal working group, expert panel or dialogue |
Part Of Official Scheme? | No |
Geographic Reach | International |
Primary Audience | Study participants or study members |
Results and Impact | The first knowledge exchange event with project partners and expert panel. Sharing initial findings and planning towards the fieldwork. 13 Dec 2022. |
Year(s) Of Engagement Activity | 2022 |
Description | Knowledge Exchange Event 2 (online) |
Form Of Engagement Activity | A formal working group, expert panel or dialogue |
Part Of Official Scheme? | No |
Geographic Reach | International |
Primary Audience | Study participants or study members |
Results and Impact | The second knowledge exchange event with project partners and expert panel. Sharing initial findings from fieldwork and planning dissemination. |
Year(s) Of Engagement Activity | 2023 |
Description | Meeting with BBC Studios |
Form Of Engagement Activity | A press release, press conference or response to a media enquiry/interview |
Part Of Official Scheme? | No |
Geographic Reach | Local |
Primary Audience | Other audiences |
Results and Impact | Consultancy meeting with BBC Studios about a possible documentary. |
Year(s) Of Engagement Activity | 2023 |
Description | Meeting with Channel 4 Dispatches |
Form Of Engagement Activity | A broadcast e.g. TV/radio/film/podcast (other than news/press) |
Part Of Official Scheme? | No |
Geographic Reach | Local |
Primary Audience | Public/other audiences |
Results and Impact | Consultation meeting with producer of Channel 4 Dispatches to discuss a pitch for a documentary on homelessness. |
Year(s) Of Engagement Activity | 2023 |
Description | Project website and social media |
Form Of Engagement Activity | Engagement focused website, blog or social media channel |
Part Of Official Scheme? | No |
Geographic Reach | International |
Primary Audience | Public/other audiences |
Results and Impact | Narrow Margins website and social media launched Dec 2022 |
Year(s) Of Engagement Activity | 2022 |
URL | http://www.narrowmargins.info |
Description | Public talk on urban archiving, 3Space Brixton |
Form Of Engagement Activity | A talk or presentation |
Part Of Official Scheme? | No |
Geographic Reach | Regional |
Primary Audience | Public/other audiences |
Results and Impact | Invited to speak at public archival event organised by University of York at 3Space Brixton. 13 June 2023. |
Year(s) Of Engagement Activity | 2023 |