Hate Incident and crime reporting in schools

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Introduction.

West Yorkshire Police recognises the challenges that colleagues face within the school setting identifying what constitutes a Hate incident or crime and when this should be reported to the Police.

There have been many challenges within the Country if not the World that have made this issue very relevant in our communities of which our schools mirror.

This pack is designed to assist colleagues within schools to identify the difference between children and young people debating and needing guidance and when this moves towards Hate incidents/crime. It will assist in how to have those challenging conversation and when there is a requirement to act and inform the Police. A child and young person in this instance is defined as those reaching the age of 17.

As Teachers and Educational professionals it is essential that your judgement is based on your knowledge and involvement with the children and young people you care for. You are the person who knows these Pupils and understand when there is a clear need for engagement and Education as opposed to enforcement or sanction

The pack is divided into three key areas.

1. What is a hate incident or crime?

How to recognise the difference between issues surrounding diversity due to lack of Education or knowledge and incidents motivated by Hate. This includes:-

A one minute guide. (Appendix A) The current Home Office rules for crime recoding in schools explained. Recognising the signs of bullying that may constitute a Hate crime /incident

2. Examples of behaviour.

This section gives real examples of incidents at school where the question to report/record has been difficult.

3. Other resources

This section details organisations who can provide support and guidance on a range of topics within the Hate/diversity range.

This list is not exhaustive but each organisations can sign post to others.

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1. Hate - what is it?

The definitions below are reproduced from the Home Office guidelines primarily to be interpreted by people within the Criminal Justice System such as the Police Service. These can be confusing to practitioners who are not using them on a day to day basis. After each definition we will explain the meaning in lay terms.

What is a Hate Incident?

A Hate Incident is ‘any non-crime incident which is perceived by the victim or any other person to be motivated by hostility or prejudice based on a person’s disability, race, religion, sexual orientation or gender identity or perceived disability, race, religion, sexual orientation or gender identity.’

Examples include: verbal or online insults, such as taunting, offensive leaflets and posters, abusive gestures, dumping of rubbish outside homes or through letterboxes, and bullying at school or in the workplace.

Explanation: From the above and as far as schools are involved, this happens most days, certainly when we use words such as insults, bullying and taunting. The key elements here are the perception and motivation of the person using the language or behaviour. Is this a genuine misuse due to ignorance and lack of education or is it a targeted response or attack on an individual or group? We will look at this in more detail in section 2.

Self-reflection: Before we get to that can you think of or recall an incident which would meet the above definition but fall inside the explanation?

What is a Hate Crime?

A Hate Crime is ‘any criminal offence which is perceived by the victim or any other person, to be motivated by hostility or prejudice based on a person's disability, race, religion, sexual orientation or gender identity or perceived disability, race, religion, sexual orientation or gender identity.’

Examples include: Physical attacks, such as physical assault, damage to property, offensive graffiti and arson; or Threat of attack, such as inciting hatred by words, pictures or videos, offensive letters, abusive or obscene telephone calls, groups hanging around to intimidate, and unfounded malicious complaints; Importantly, there is an actual crime associated with the behaviour, such as violence against a person or harassment because of who the victim is, such as a person with a disability or a person who is trans or questioning their gender.

Explanation: Schools already have a structured process around recording crime in schools. The flow chart below shows the route a report would take and the outcome as to if and when a crime report should be recorded.

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Like all statutory authorities, the Police have to follow rules. One set of these rules relates to when to record incidents and crimes. These are called the National Standards of Incident Recording, NSIR for short. These rules tell us when and how to record incidents that fall short of being a crime. The next are the National Crime Recording Standards or NCRS for short. These tell us when and how to report crime.

NCRS Annex B Deals with reporting and recording of CRIME /INCIDENTS in Schools.

These rules apply to all types of crimes or incidents, this includes those motivated be Hate.

West Yorkshire Police Force Policy enhancement of this process For Hate incidents/crime ONLY.

Hate crimes and incidents which have taken place inside any school or educational premises and are brought to the attention of a police officer or member of police staff, including when that officer or member of staff is working in the school will be recorded as a hate incident or crime on the police crime recording system Niche as a non-crime or crime occurrence.

General rule, if we are told we will record an INCIDENT as the minimum.

Ofsted require schools to record any adverse incident relating to diversity accurately and in a timely fashion. No schools are penalised for recording Hate incidents or any crimes.

Change to Guidance: - The Home Office and Police don’t want to criminalise children and young people. The process of learning from mistakes is part of growing up. If an incident is on school premises and in normal school times then:-

1. If the Police receive a report directly to them by the student, parent/guardian or school representative then we would always record an INCIDENT and then investigate and possibly record as a CRIME if the evidence test was met.

2. If the report was made directly to the SCHOOLS POLICE OFFICER then we would record an INCIDENT only as long as point 3 below is followed relating to any CRIME identified.

3. If the INCIDENT would amount to a CRIME but is not on the serious list and the school/parents/guardians are all happy for the school to deal under their discipline rules then a CRIME will be recoded but not investigated.

If the above are perceived to be motivated by an element within the five strands of Hate then this would be recorded as hate incident unless the circumstances changed and it were later recorded as a Hate crime.

Home office counting rules for schools have been reproduced here in the format allowed by the Home office. Further information available: https://www.gov.uk/government/publications/counting-rules-for-recorded-crime

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Recognising the signs of Bullying that may constitute a Hate crime /incident if motivate by hostility or prejudice due one or more of the strands of diversity.

•Unexplainable injuries

•Lost or destroyed clothing, books, electronics, or jewelry

•Frequent headaches or stomach aches, feeling sick or faking illness

•Changes in eating habits, like suddenly skipping meals or binge eating. Children may come home from school hungry because they did not eat lunch.

•Difficulty sleeping or frequent nightmares

•Declining grades, loss of interest in schoolwork, or not wanting to go to school

•Sudden loss of friends or avoidance of social situations

•Feelings of helplessness or decreased self esteem

•Self-destructive behaviors such as running away from home, harming themselves, or talking about suicide

2. Examples of Behaviour

Below are three examples of questions raised by colleagues within schools.

Example 1 - A child in our school has said to a Muslim child, "My dad hates Muslims and so do I."

Do you think this is a hate incident?

If this had been said by an adult to another adult within a works place this would not be reported to the Police. This is opinion and whilst distasteful and ignorant it would not fall under the definition of a hate incident unless the words used were identified as motivated by hostility or prejudice and clearly said to upset the person.

In the work place the employer has a responsibility under the equality act and it would be expected this would be dealt with as an internally disciplinary matter.

In the example above the school can deal with the issue as an internal incident and look to challenge this via education. It maybe that the Schools Police officer is involved in assisting with this process.

Example 2 - A group of children we arguing in a class room at break time. It was about Brexit. One child said that it was to stop foreigners coming in and taking our jobs. Mainly the Polish, there was a Polish student present and she was upset by this and starting crying that she wanted to go home.

Do you think this is a Hate incident?

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This was a debate that became personal to one child. Its opinion, however misguided. This again is an internal incident and could be dealt with by the school the same as the previous scenario. There is a fine line between debate, freedom of speech and words said to cause harassment, alarm of distress.

Example 3 - Two male students were arguing in the corridor, one was shouting at the other “You’re a Pakki, you should go home to your own country”.

Do you think this is a Hate incident?

This is very much a hate incident and possibly a Hate crime if the context was that to cause the person harassment, alarm or distress.

We would want to know this as the implications are wider than just the school.

Terminology:-

Threatening verbal and physical threats, and also violent conduct

Abusive means using degrading or reviling language

Insulting has been held to mean scorning, especially if insolent or contemptuous. It does not mean behaviour which might give rise to irritation or resentment

Harassment means to subject someone to constant and repeated physical and / or verbal persecution.

Alarm means a frightened anticipation of danger

Distress means to cause trouble, pain, anguish or hardship.

Case Study: Pauls’ journey

Paul is walking home from school when two boys attack him, punching his arms and face. During this attack they call Paul a nasty name because he has learning difficulties. This is a crime of assault and Paul, his Mother and the Police officer all perceive it to be related to his disability. Therefore this is a Hate crime, assault.

Paul is at home in the early evening, it has just got dark. A group of four boys are hanging around outside and begin shouting swear words towards Paul house, shouting at him to come outside. The words they use do not directly mention his disability but it is the same two boys who assaulted him previously calling him nasty names aimed at his disability Paul is scared and frightened by this. This is a Hate crime, public order offence.

The Police deal with the offenders.

Paul is walking home from school when two boys walk towards him, when they pass they laugh and call him a nasty name. This is in relation to his learning disability. This is the first time they have done this and Paul tells his Mother. Mum calls the Police and this is recorded as a Hate incident.

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Paul is looking through Facebook and see he has been mentioned on a group’s wall. It has been posted by a girl who thinks he shouldn’t be in her class at school as he is holding the class back as he is struggling to understand the subject. Others are agreeing with this and some rude terms are used regarding disability in general.

Paul shows this to his mother who calls the Police.

The Police and school work together to educate the people involved.

If they continued then this could lead to this becoming a Hate crime, Offence of Harassment.

3. How do I report a Hate Crime / Incident?

There are several ways you can report a hate crime or incident, whether you have been a victim, a witness, or you are reporting on behalf of someone else:

1. In an emergency call 999 or 101.

If you cannot make voice calls, you can now contact the 999 emergency services by SMS text from your mobile phone. However, you will only be able to use this service if you have registered with emergencySMS first. See the emergencySMS website for details call in person at any police station

2. Contact the police

Who you can speak to in confidence. You do not have to give your personal details, but please be aware the investigation and ability to prosecute the offender(s) is severely limited if the police cannot contact you. Contact your local police force, either by telephone or by visiting your local police station. Details on how to contact your local police force can be found at www.police.uk

3. Report online

You can report online using the facility on the “Truevision” website. www.report-it.org.uk

A self-reporting form can be download which you can complete and send this to your local police force. The forms, including an Easy Read version, can be found on the Self Reporting Form Page

4. Third party reporting centres

Local agencies such as the Citizens Advice Bureau, Community Voluntary Services etc. can also report the incident on your behalf and provide you with advice and support.

Stop Hate UK provide confidential and independent Hate Crime reporting services in various areas in the UK including a 24 hour helpline.

5. Crimestoppers

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If you do not want to talk to the police or fill in the reporting forms, you can still report a hate crime by calling Crimestoppers on 0800 555111 or via their website at www.crimestoppers-uk.org. You do not have to give your name and what you say is confidential. It is free to call.

You can give us as little or as much personal information as you wish. But please note:

With your details... the incident can be investigated fully and you can get the service you deserve and the support you need.

Without your details... the report will be used for monitoring purposes to get a true vision of what is happening.

More details available: https://www.westyorkshire.police.uk/advice/abuse-anti-social-behaviour/hate-crime/hate-crime-hate-incidents/hate-crime-hate-incidents

How will the Police and CPS treat Hate Crime?

The Police and other criminal justice agencies consider all hate crime to be very serious. When a case is prosecuted, the courts can impose a stronger sentence under powers from the Criminal Justice Act. This reflects the priority placed on these crimes. The Police have performance measures in place to ensure the service they offer is of the highest standard.

The Crown Prosecution Service (CPS) is the organisations that takes cases through the court system. They have produced guidance available on the CPS website: https://www.cps.gov.uk/hate-crime

Remember we are here to help victims and won’t do anything without you wanting it to happen.

Other resources and reporting partners.

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One Minute Guide (Hate Crimes & Incidents)Understanding what a hate crime is and to who, and why, you should report it

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Bullying is the repetitive, intentional hurting of one person by another(s), where the relationship involves an imbalance of power. Bullying can be carried out physically, verbally, emotionally or through cyberspace.

Bullying is the repetitive, intentional hurting of one person by another(s), where the relationship involves an imbalance of power. Bullying can be carried out physically, verbally, emotionally or through cyberspace.What is Hate?A hate crime or incident occurs when it is perceived by the victim or any other person, to have been motivated by a hostility or prejudice towards a person’s;

• Disability• Gender identity (Transphobic)• Race, Ethnicity, Nationality• Religion, Faith or Belief• Sexual Orientation

A hate crime or incident can take many forms including verbal abuse, physical assault, harassment, intimidation, damage to property, theft of property, and behaviour intended to exclude.

Who can I report to?

Need more information or want to report?Search on line at www.leeds.gov.uk/c/Pages/saferleeds.

Why should it be reported?Hate crimes and incidents hurt. They can have devastating consequences for victims and their families, and can frighten and divide communities.

By reporting incidents, you will enable the police, local councils, housing associations etc. to build up patterns of behaviour locally, and highlight areas of concern within your community.

By reporting incidents when they happen to you, you can get the support you need and ensure that offenders are brought to justice; this could also prevent such incidents from happening to someone else.

You can make a report in person at any Police Station or by telephoning West Yorkshire Police on 101 or In an Emergency 999

Contacting Leeds Anti-Social Behaviour Team on the ASB Hotline 0113 222 4402 or via email at - LASBT@leeds.gov.ukIn person at any Council Office, Hate Incident Reporting Centre or Council One Stop Centre

Contact Stop Hate UK on 800 138 1625 By text: 07717 989025 or via talk@stophateuk.org

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Frequently Asked Questions

Can I make a report anonymously?Yes. We would encourage victims to give us their full details as this allows us to give the best service to resolve the problems, but reports can be anonymous.

Can anyone report a hate incident?Yes. Anyone can report a hate incident. We encourage you to report any hate incident that you have experienced or witnessed. We will believe you and make sure that the report goes to the appropriate agency to deal with. You do not have to be a council tenant to report a hate incident. All residents can report a hate incident at any office across the city.

I am a member of staff, can I make a report?Yes. Hate incidents can happen anywhere to anyone. You have a right to be treated fairly at work and we will work with you to stop the behaviour.

The incident was only verbal abuse, should I report it?Yes. Reporting hate incidents can prevent more serious things from occurring. We will respond to hate incidents in a proportionate manner. Somebody else might also be suffering and your information might give us the clue we need to identify the perpetrator.

Where does my report go?When you report at a hate incident reporting centre, you will have access to a multi-agency process that works to support all victims of hate incidents. To get the best service, you can choose to send your report to West Yorkshire Police, Leeds City Council and Victim Support. What can you do to help me?The multi-agency approach means that the agencies will work together to take action to stop the abuse and give you support. With your consent, the agencies can prosecute the perpetrator or take other appropriate action. We work with you to stop the abuse and repair the harm.

What if I only want the police to know?You can always report the incident to the police. The police have dedicated hate crime co-ordinators who can support victims of hate crime to access support and understand the options available. They do not wear uniforms and can meet you in a place you feel safe. If for any reason you are not able to approach the police, than report the incident through a Hate Incident Reporting Centre.

Can I report to an independent 3rd Party?For 24 hour support or access to reporting in 39 different languages, contact :

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