15/11/2024
Nine-year-old among thousands investigated for hate ‘incidents’
Police record playground insults amid confusion about guidelines
More than 13,200 hate incidents were recorded in the 12 months to June
Children are among thousands of people being investigated by police for non-crime hate incidents, The Times can reveal.
Police forces recorded incidents against a nine-year-old who called a primary school classmate a “retard” and against two secondary school girls who said that another pupil smelled “like fish”.
They were among several cases of children being logged as having committed non-crime hate incidents (NCHIs), according to freedom of information requests to police forces.
Government guidance says that NCHIs are supposed to be recorded for incidents “clearly motivated by intentional hostility” and where there is a real risk of escalation “causing significant harm or a criminal offence”. Classroom incidents that do not amount to crimes are not supposed to be recorded, and neither are incidents involving journalists expressing lawfully held views with no hostility.
However, The Times has found evidence of widespread confusion among police over what types of incident should be recorded.
No 10 said that the Home Office would review its guidance to protect “the fundamental right to free speech” after the journalist Allison Pearson claimed she was being investigated over an NCHI. Ess*x police say this is inaccurate and have defended their handling of the case.
However, data collected by The Times shows the recording of NCHIs is widespread. More than 13,200 hate incidents were recorded in the 12 months to June this year, according to statistics from 45 of Britain’s 48 police forces.
Critics have asked whether the recording of non-crime hate incidents is an appropriate use of police resources, particularly in cases involving children.
In August, Yvette Cooper, the home secretary, was reported to be considering reversing changes made by the Conservatives last year, designed to protect free speech, that downgraded the duty of police to monitor these incidents.
Sir Keir Starmer’s spokesman said on Thursday that the Home Office was reviewing guidance to balance “the fundamental right to free speech” and ensure that police could deal with issues “that matter most” to communities.
However, he said it was important that police recorded non-crime hate incidents where “proportionate and necessary”.
Chris Philp, the shadow home secretary and former policing minister, said: “These examples are obviously totally absurd. Pursuing these sorts of incidents is a total waste of police time — they should be concentrating on criminals. It risks having a chilling effect on free speech, one of the fundamental values of this country.
“Police should only record incidents where there is a clear and genuine risk that the behaviour in question could lead to an actual crime being committed.”
NCHIs are recorded for incidents with the potential to escalate into more serious harm or that show heightened community tensions. They can show up on enhanced criminal record checks.
A new code of practice that came into effect in June last year said that hate incidents in schools that do not amount to crimes should be referred to “the school management team”, and a record should not be made on policing systems.
Humberside police, which recorded incidents against children, said that it took all hate related incidents seriously and recorded a hate incident “where appropriate” after careful assessment. The force said it aimed to take a “common-sense and proportionate” approach.
West Yorkshire police, which also logged complaints against children, said its crime recording had been judged as outstanding by His Majesty’s Inspectorate of Constabulary and Fire and Rescue Services. It said this meant the force “may record higher levels of hate offending”.
As well as children, journalists have been investigated for non-crime hate incidents. Lincolnshire police recorded an incident over a November 2023 article for Scootering magazine after the journalist Mau Spencer used an outdated term while describing interviewing a deaf rider.
Spencer was looking back on his career in a feature and reflected upon his “most difficult experience”. He said the interview had been set up “via written letters” and “carried out using sign language, written Q&As … and lots of hand pointing”.
The complaint to police said that the magazine referred to the deaf community as “deaf and dumb” and said that Spencer had described the interview as the “strangest experience”. In fact, Spencer had described seeing the interviewee’s stuffed dog as his strangest experience.
A second story from the same magazine was also cited on the force’s hate incident logs. Mortons Media Group, which publishes Scootering magazine, declined to comment.
Lincolnshire police admitted that “occasional recording errors” could happen while following the “complex” NCHI guidance.
A spokesman added that no data about the alleged perpetrators was recorded, meaning that it would not appear on their criminal record.
In Suffolk, a man was reported to police for a NCHI after he “voiced his opinion on people using pronouns who are transgender”. Suffolk police insisted that it had fully adopted the changes in the College of Policing guidance, and regularly audited hate incidents.
A hate incident was logged with Dyfed-Powys police, in Wales, after two “transphobic” banners were raised over main roads in Carmarthenshire by the campaign group Outspoken Women.
A video shared by the group online showed an officer taking down one of the banners, which said “trans women are men”.
A spokesman for Outspoken Women said: “If this has been regarded as a hate incident that’s pretty serious in a democratic society, which is supposed to have freedom of speech.” Dyfed-Powys police said it was satisfied that the incident, which was initially recorded as a crime, had been now correctly classified.
A NCHI was logged by Wiltshire police after stickers and shirts were promoted and sold that contained “anti-transgender phrases” such as “trans women are men”. Wiltshire police said it had put in place measures to help ensure understanding of the guidance and code of conduct.
Harry Miller, a former police officer who won a legal challenge in 2021 after the Court of Appeal ruled that the College of Policing’s NCHI guidance had been wrongly used, said: “Recording speech that is not directly connected to a crime is typically the habit of a Stasi state, and such practice has no place in British policing.”