On 29 April, the Crime and Policing Act 2026 (the Act) received Royal Assent - formally recognising cuckooing as a standalone criminal offence for the first time in the UK. More detail on the Act can be found in our colleagues’ blog here. 

Cuckooing is where criminals and criminal groups exploit vulnerable people to take over their home to use as a base for crime.  

The linked BBC article (below) shows the horrendous impact cuckooing can have on the lives of vulnerable individuals and housing providers will likely be well aware of this, along with the increasing prevalence of cuckooing over recent years. This highlights both the increased risks facing vulnerable tenants and the vital role housing providers play in respect of safeguarding. 

What is the offence?

Formally recognised as “controlling another’s home for criminal purposes” under section 65 of the Act, an offence occurs where:-

• person A exercises control over the dwelling of another person (person B);
• person A does this to enable the dwelling to be used in connection with the commission of one or more “relevant offences” (by any person); and
• person B does not consent to person A exercising that control for that purpose.

A “relevant offence” is defined in the Act and includes drugs offences, sexual offences and offences relating to offensive weapons.

The offence is not yet in force and is pending further guidance on its application and enforcement from the Government. 

What does this mean in practice?

We regularly support housing providers in navigating their safeguarding duties to tenants and one of the most complex situations providers can face is cuckooing. This can take many forms and can start off slowly as the perpetrator tries to persuade the victim to let them into their home. Cuckooing is often suspected not just through the impact on the victim (for example, a change in behaviour or retreating from support/contact) but also through the impact to the local area, with cuckooing usually leading to an increase in anti-social behaviour around the property. 

Identifying cuckooing and safeguarding victims requires multi-agency working and cooperation between housing providers, local authorities, the police and also any care and support providers. Action will be needed to identify what is happening, to remove the unauthorised individuals from the home (supporting the victim in the meantime) and to prevent reoccurrence (which sadly, as the BBC article shows, does occur). 

At present, police can look to take action against those involved in cuckooing under other offences, for example: drug-related offences, but a specific offence will almost certainly strengthen the police’s ability to act. 

A key issue that often arises in respect of cuckooing is whether the individual (whose home has been infiltrated) has actually consented and this is likely to continue even when the specific offence is in force (noting the definition discussed earlier). 

Evidence from housing and care and support providers will be important in determining whether the individual has mental capacity to consent and has actually consented to the use of their home. 

Operational colleagues on the front line of services, who know tenants best, will continue to play a significant role in recognising where cuckooing concerns arise. They have the greatest knowledge of the tenant and their local community and so can better spot where changes occur. It is therefore essential that they have suitable training on the signs of cuckooing and what to do if they have concerns. Housing and care and support providers may be asked to provide evidence as part of a police investigation and so it is essential any interactions, concerns and actions taken are fully documented. 

It would be sensible to liaise with your local police force to agree the approach when concerns arise. Providers should be cautious of prejudicing any investigations the police are conducting. 

More generally, providers should ensure that there is a positive safeguarding culture at all levels of their organisation – from the Board to front-line colleagues. All those who work for and act on behalf of a housing provider have a role in respect of safeguarding and should have the necessary training and guidance to ensure they understand this. All colleagues who directly interact with residents should have training on how to identify concerns and how and to whom these should be escalated.  

How can we help?

Our Regulatory team regularly supports housing providers facing complex safeguarding scenarios or being asked to contribute to safeguarding investigations. We can also complete a legal review of your safeguarding policies and provide training on the legal requirements and expectations surrounding safeguarding to your organisation – including to board members, senior managers and operational staff.

If you require our support, or wish to discuss the contents of this blog, you can contact us here.