Our ref: 972/21

The College of Policing says that when a hate incident is reported to police, it must be flagged as either a hate crime or non-crime hate incident. This is the case whether the victim or any other person perceives that the incident was motivated wholly or partially by hostility. Police officers have the authority to identify a report as a non-crime hate incident, even where the victim or others do not. The College of Policing’s Authorised Professional Practice Guidance on Hate Crime (APPGHC) defines a "non-crime hate incident" as "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 actual or perceived race, religion, sexual orientation, disability or a person who is or is perceived as transgender." The APPGHC guidance, published in October 2020, states that its definition of hostility includes "ill-will, ill-feeling, spite, contempt, prejudice, unfriendliness, antagonism, resentment, and dislike." The guidance instructs officers to "record the incident, recording the police interactions and the results of those actions." The College of Policing guidance says forces should have a system for recording non-crime hate incidents and should be able to analyse them so that preventive activity can take place, and identified community tensions can be monitored, and activity can be implemented to reduce them.

This Freedom of Information request sets out to discover how this guidance around non-crime hate incidents is being applied by police forces. Please could you respond to the following questions: 1) Please provide full details of all non-crime hate incidents that were logged by your force in the month of September 2020. In each case, could you please provide me with the following information: A) The exact nature of the incident that was recorded. B) When and where the incident occurred (i.e the location such as a school, workplace, street, shop, park etcetera, or a specific social media platform/internet site). C) The age and sex of the perpetrator. D) How police became aware of the incident (i.e how was it reported to the force and by whom. For example, a school teacher, boss, work colleague). E) Precisely what interactions did police have with the perpetrator, and when and where did those interactions take place? (i.e Were they arrested? Did police visit them at home or work, write to them, or telephone them.) F) What words did the officer use in their report to record their rationale for determining that the incident as a non-crime hate incident? (i.e - what motivation did the officer believe the perpetrator had in making their hateful remarks?) G) Were the perpetrators informed that a record would be kept of the non-crime hate incident, and how was this communicated to them?

Please see the attached document.

Note the age and gender is not routinely recorded within an incident record, to provide this information would require each record to be manually reviewed. This manual review would exceed the 18 hour limit stipulated within the Act.

West Police are unable to provide you with the full incident details therefore redactions have been applied by virtue of Section 30 (1) (a) (b) (c) Investigations and Proceedings Conducted by Local Authorities and Section 40 (2) Personal Information. Please see Appendix A, for the full legislative explanation as to why Police are unable to provide the information.

2) For how long will the record of a non-crime hate incident remain on someone’s criminal record?

As it is a non-crime it would not appear on a PNC record as it is not a Caution or Conviction.

3) Will the record of the non-crime hate incident be used in evidence of someone’s bad character if they committed a crime or were suspected of a crime in the future?

The use of bad character is a matter for the CPS. It could be used to show propensity, even if the person

was not subject to criminal proceedings. CPS would make an application to the courts for bad character to be adduced, which the defence can then dispute. It is then down to the courts to make the decision as to whether it can be used. The police would provide the details of the actual offence CPS wish to present in a bad character application.

4) How many non-crime hate incidents have been recorded by your force in 2020? 5) In relation to the non-crime hate incidents recorded in 2020 please can you provide a breakdown for how many of the incidents fell into each of the categories of: A) Race. B) Religion. C) Sexual orientation. D) Disability. E) Transgender identity. NOTE: If there are other categories used by your force, then please provide a breakdown for those also.

Please see the attached document.

6) In relation to the non-crime hate incidents recorded in 2020 please provide a breakdown for how many incidents were recorded where the motivation for hostility was considered to be the following: A) Ill-will B) Spite C) Contempt D) Prejudice E) Unfriendliness F) Antagonism G) Resentment H) Dislike NOTE: If there are other categories used by your force, then please provide a breakdown for those also.

West Yorkshire Police do not record motivation in the requested breakdown for non-crime hate incidents, therefore this information is not held.

A Hate crime is any criminal offence which is perceived by the victim or any other person to be motivated by a hostility or prejudice based on: • a person’s race or perceived race, or any racial group or ethnic background including countries within the UK and Gypsy and Traveller groups • a person’s religion or perceived religion, or any religious group including those who have no faith • a person’s sexual orientation or perceived sexual orientation, or any person’s sexual orientation • a person’s disability or perceived disability, or any disability including physical disability, learning disability and mental health or developmental disorders • a person who is transgender or perceived to be transgender, including people who are transsexual, transgender, cross dressers and those who hold a Gender Recognition Certificate under the Gender Recognition Act 2004.

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 race or perceived race, or any racial group or ethnic background including countries within the UK and Gypsy and Traveller groups • a person’s religion or perceived religion, or any religious group including those who have no faith • a person’s sexual orientation or perceived sexual orientation, or any person’s sexual orientation • a person’s disability or perceived disability, or any disability including physical disability, learning disability and mental health or developmental disorders • a person who is transgender or perceived to be transgender, including people who are transsexual, transgender, cross dressers and those who hold a Gender Recognition Certificate under the Gender Recognition Act 2004.

Non-crime Hate Incidents must also be recorded by the Police.

Increases in hate crime are predominantly associated with administrative changes in relation to Force crime recording processes, which have resulted in an increased likelihood of a crime being recorded following an incident report to the Police. Increases can also be attributed to a better awareness of how to report incidents and improvements in the ways offences can be reported. The Force has made improvements to how information about hate incidents is recorded. A number of sub-categories for the recording of faith and disability hate crimes have been introduced to get a better understanding of the impact of national and international events on local communities and improve and target services for victims.

West Yorkshire Police support the annual Hate Crime Awareness Week in partnership with the Police and Crime Commissioner in order to highlight the issue of hate crime. The campaign aims to give people a better understanding of what hate crime is and encourage victims of hate incidents to report them.

As part of our commitment to making communities safer and feel safer, West Yorkshire Police is committed to engaging with communities to increase the under-reporting of hate crimes and hate incidents. West Yorkshire Police employs specialist Hate Crime Co-ordinators across all five Districts in order to assist investigating officers in identifying perpetrators, providing after-care support for victims and to work with communities to increase awareness of hate crime and reporting mechanisms. They also engage in joint working with partners such as local councils, Victim Support and third party Hate Incident Reporting Centres (HIRCs). HIRCs offer anyone who has experienced or witnessed a hate crime / incident the opportunity to report it if they do not wish to report it directly to the Police

Appendix A The Freedom of Information Act 2000 creates a statutory right of access to information held by public authorities. A public authority in receipt of a request must, if permitted, state under Section 1(a) of the Act, whether it holds the requested information and, if held, then communicate that information to the applicant under Section 1(b) of the Act.

The right of access to information is not without exception and is subject to a number of exemptions which are designed to enable public authorities, to withhold information that is unsuitable for release. Importantly the Act is designed to place information into the public domain. Information is granted to one person under the Act, it is then considered public information and must be communicated to any individual, should a request be received.

DECISION

Your request for information has been considered and I regret to inform you that West Yorkshire Police cannot comply. This letter serves as a Refusal Notice under Section 17 of the Freedom of Information Act 2000.

Section 17 of the Act provides:

(1) A public authority which, in relation to any request for information, is to any extent relying on a claim that information is exempt information must, within the time for complying with Section 1(1), give the applicant a notice which:-

(a) States the fact, (b) Specifies the exemption in question, and (c) States (if that would not otherwise be apparent) why the exemption applies.

REASONS FOR DECISION

The reason that we are unable to provide you with this information is covered by the following Exemption:

Section 30 (1) (a) (b) (c) Investigations and Proceedings Conducted by Local Authorities Section 40 (2) Personal Information

Section 40 is an absolute class based exemption therefore there is no requirement to provide evidence of harm or consider the public interest test.

To disclose the information would significantly increase the risk of individuals being identified which would breach principle 1 (lawfulness, fairness and transparency) of the Data Protection Act 2018.

Section 30 is qualified class based exemption therefore requires a public interest test, below are my considerations.

Factors favouring disclosure

Disclosing the redacted information would adhere to the basic principles of openness and transparency.

Factors favouring non-disclosure To disclose the redacted information would make public specific details recorded for the purpose of aiding investigations conducted by West Yorkshire Police. In order to ascertain whether a person is guilty of any offences West Yorkshire Police must ensure they receive accurate and detailed reports from the public, disclosing the information reported the force would undermine the public confidence and therefore result in less incidents being reported. This in turn would hinder West Yorkshire Police’s ability to effectively and efficiently conduct their investigations, undermining any future proceedings that may arise from these investigations.

Balance test

West Yorkshire Police strives to remain open and transparent with the public and whilst this is a strong factor favouring full disclosure of the information, this must be weighed against the factors favouring non- disclosure. In this case full disclosure would undermine police investigations and any potential future proceedings. Therefore, it is for this reason I believe balance lies in favour of non-disclosure of the redacted information.

Hate incidents (non crime), 01/01/2020 to 31/12/2020

Notes Figures represent the number of occurrences recorded during the period which: - had a Hate related occurrence type - were flagged as a primary incident - were not classified as a crime

Month Hate incidents (non crime) Disability Faith Race Sexual Orientation Transgender Not Recorded Jan-20 16 3 2 9 2 0 0 Feb-20 23 7 1 13 2 0 0 Mar-20 32 3 0 20 8 0 1 Apr-20 21 3 2 14 1 0 1 May-20 12 2 0 8 1 1 0 Jun-20 33 9 1 21 1 1 0 Jul-20 26 1 0 22 1 1 1 Aug-20 24 3 0 19 2 0 0 Sep-20 29 3 3 18 3 0 2 Oct-20 24 5 1 16 2 0 0 Nov-20 17 2 1 11 2 1 0 Dec-20 15 2 2 5 5 1 0

September 2020 incidents

Date Hate strand Ward Reporting method Log text THE VICTIM IS A CALL TAKER AT THE POLICE CONTACT CENTRE,

THE SUSPECT HAS REFUSED TO

BE SPOKEN TO BY THE VICTIM AS HE BELIEVED THAT SHE WAS - Wrenthorpe And 01/09/2020 Race Not recorded NOT BRITISH DUE TO HER Outwood West ACCENT. THIS HAS CAUSED ALARM AND DISTRESS AND THE CALL WAS TERMINATED.

02/09/2020 Race - Morley North Ward Police Initiated Leeds - Little London And 02/09/2020 Race Reported In Person - Woodhouse Ward B

CALLER OUT WALKING DOWN S30(1) S40(2)

ENROUTE CALLER FINDS A NUMBER OF STICKERS ON S30(1)

. STICKERS STATED 'BEWARE GROOMING GANGS' 'WE WILL BE THE 02/09/2020 Faith - Ryburn Tel(Other) MINORITY ' AND 'MULTI CULTORAL HAS FAILED, POLICE AND MEDIA ARE HIDING MUSLIM RAPE GANGS' . CALLER HAS PHOTOGRAPHED THESE STICKERS AND REMOVED A NUMBER BEFORE RINGING POLICE.

SUSPECT THROWS EGGS AT - And VICTIM'S CAR. SUSPECT WRITES 07/09/2020 Race Tel(Other) Gomersal S30(1) S40(2)

Bradford - Thornton And 09/09/2020 Race Not recorded Allerton 10/09/2020 Race Calderdale - Emergency Telephone S30(1) S40(2)

THE SECURITY GUARD HAS REFUSED ENTRY. VICTIM STATES HE WAS Leeds - Hunslet And Riverside 11/09/2020 Sexual Orientation Tel(Other) REFUSED ENTRY DUE TO HIS Ward B SEXUALITY. THE SECURITY GUARD SAID TO HIM S30(1) S40 (

Leeds - Killingbeck And Seacroft 11/09/2020 Sexual Orientation Not recorded Ward VICTIM HAS LONG RUNNING DISPUTE WITH NEXT DOOR.

WORDS HAVE BEEN

ECXHANGED AND VICTIM FEELS 11/09/2020 Race - Not recorded THAT S30(1) S40(2) WAS A RASIST COMMENT

11/09/2020 Race Kirklees - Not recorded Tel(Other) Leeds - Hunslet And Riverside 12/09/2020 Disability Not recorded Ward B

At time and date stated after being escorted from premises 12/09/2020 Sexual Orientation Leeds - Morley North Ward Not recorded suspect calls victim S30(1) S4

15/09/2020 Faith Bradford - Inner City Ward A Discovered By Police S30(1) , they are having a

debate about an unrelated 15/09/2020 Race Wakefield - Hemsworth Not recorded matter when the Suspect says you are S30(1) S40(2) with reference to the victims colour of skin. 16/09/2020 Race Wakefield - Not recorded 17/09/2020 Not Recorded Calderdale - Warley Not recorded 18/09/2020 Race Wakefield - Not recorded Police Initiated S30(1) S40(2)

20/09/2020 Race Leeds - Chapel Allerton Ward Tel(Other) SUSPECT TARGETTING TENANT DUE TO HER RACE AND NOT CHALLENGING ANY OTHER RESIDENTS.

21/09/2020 Race Leeds - Middleton Park Ward Not recorded S30(1) S40(2) . AFTER AN

ARGUMENT THE SUSPECT HAS

CALLED THE VICTIMS30(1) S40(2) ' Kirklees - Birstall And 21/09/2020 Disability Non-Emergency Teleph AND BEEN VERBALLY ABUSIVE Birkenshaw TO THE VICTIM. THE VICTIM FEELS THIS IS BECAUSE THEY ARE DISABLED.

VICTIM PERCEIVED HATE INCIDENT WHERE SUBJECT

IGNORED REPORTING PERSON Leeds - Beeston And Holbeck 21/09/2020 Race Officer S30(1) AND Ward A ASKED TO JOIN BACK OF THE QUEUE DUE TO THEIR RACE

REPORTING PERSON S40(2)

AWARE OF A VIDEO SHARED ON THE TIK TOK APP BY UNKNOWN PERSON. THE VIDEO SHOWS S30(1)

22/09/2020 Disability Kirklees - Holme Valley North Not recorded REPORTING PERSON PERCEIVES S30(1) S40(2) , HAS BEEN TARGETED DUE TO HER LEARNING DISABILITY AND OTHER VULNERABILITIES AND THAT SHE WOULD NOT HAVE CONSENTED TO THE VIDEO BEING TAKEN AND SHARED.

Wakefield - Stanley And 24/09/2020 Not Recorded Not recorded Outwood East SUBJECT IS S30(1) S40(2)

THE CHILDREN ARE DOING BACK STROKE. THE SUBJECT FAILS TO SIGNAL TO THE VICTIM 4 TIMES FOR HIM TO STOP CAUSING HIM TO 24/09/2020 Race Kirklees - Dalton Non-Emergency Teleph SWIM INTO THE WALL. THE VICTIMS MOTHER SAW THIS AND HAS REPORTED IT AS SHE BELIEVES S30(1) S40(2) DELIBERATELY NEGLECTED TO SIGNAL TO HER CHILD DUE TO HIS ETHNICITY.

BETWEEN DATES AND TIMES STATED SUSPECTS HAVE

ATTENDED AT VICTIMS HOME 27/09/2020 Race Leeds - Middleton Park Ward Not recorded ADDRESS AND THROWN STONES AT LOUNGE WINDOW CAUSING NO DAMAGE

Leeds - Hunslet And Riverside 28/09/2020 Race Non-Emergency Teleph Ward A

Suspect is a student at S30(1) S40(2)

at time stated,

suspect is in a life lesson, with the topic beinf Black lives matter. Suspect was laughing 29/09/2020 Race Wakefield - Hemsworth Not recorded throughout and asked to leave. The class teacher spoke to him, and he saidS30(1) S40(2)

S30(1) S40(2)

SUSPECT THEN ATTENDS AT VICTIMS NEIGHBOURS DOOR AND INFORMS THEM THAT 30/09/2020 Faith Leeds - Moortown Ward E-Mail - Other THEIR PRAYING IS DISTRESSING THEM. VICTIM PERCEIVES THIS TO BE A HATE INCIDENT AGAINST NEIGHBOURS WHO ARE MUSLIM.