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Disability Hate Incidents
What is a disability hate incident?
"Any incident which is perceived by the victim or any other person, to be motivated by a hostility or prejudice based on a person's disability or perceived disability."
The victim or the witnesses' perception is used to 'early-identify' if an incident is motivated by hostility towards the victim's disability.
Disability hate incidents also include the following:
- Disability hate by association: sometimes individuals may experience disability hate incidents through their association with a disabled person, for example, carers and family members.
- Presumed disability: the definition also includes incidents where an offender has presmed that victim is disabled, even if it is a mistaken presumption.
Early-identification will ensure that the relevant agencies (such as police, local authority, schools, housing associations, residential care homes, NHS, etc) take into account the element of prejudice towards disabled people in their investigation.
Direct disability hate incidents
- physical abuse – spitting, punching, kicking, slapping, pushing or behaviour which leads to physical injury
- threats – Words of a threatening nature, for example "I’m going to beat you up” or “I’m going to get you and your family” etc
verbal abuse – name calling, swearing etc. such as “spastic” - sexual abuse – this can be abuse including degradation, rape, assault, etc
- written/printed abuse – Letters by post, leaflets or posters using prejudiced language, abusive text messages etc. against disabled people
- graffiti/ disability hate language or images – written/drawn onto property
- attacks on property/home – Eggs/stones thrown at property, tyres slashed, windows broken, etc
- harassment – persistent intimidating or threatening behaviour which is spread over a period of time
Who is a disabled person
The Disability Discrimination Act says a disabled person is someone with
‘A physical or mental impairment which has a substantial and long-term adverse effect on a person's ability to carry out normal day-to-day activities’.
The preferred definition of disability is derived from the social model which regards disability as
‘The loss of or limitation of opportunities to take part in the normal life of the community on an equal level with others due to physical or social barriers.’
The above definition focuses on removing barriers that prevent disabled people's participation as citizens.
Disabled people includes:
- people with physical disabilities,
- people with sensory disabilities
- people with learning disabilities, and
- those with mental illness
- People with Long term conditions.
In April 2005, the law was changed by section 146 of the Criminal Justice Act 2003. Section 146 imposed a duty upon courts to increase the sentence for any offence (for example, assault or criminal damage) aggravated by hostility based on the victim’s disability or presumed disability. For the purposes of Section 146 of the Criminal Justice Act 2003, disability is defined as ‘any physical or mental impairment.’
How can I report a disability hate incident?
If you have experienced or witnessed a disability hate incident, you can report it in a number of ways to the Police or to the Partnership Community Safety Team (PCST).
Reporting to the police
- In an emergency please dial 999 and ask to speak to the police
- In non-emergency you can contact the police on 0845 6070 999
- You can also email the police on contact.centre@sussex.pnn.police.uk
Sussex Police regard a disability hate incident as a strategy incident - or treat it seriously and will respond as soon as possible.
If you need a sign or language interpreter, the police will be able to provide you with one.
Sussex Police will also complete a hate incident report form and report the incidents to the Caseworkers based at the Partnership Community Safety Team so we can support you further.
Hate Incident Report Form
An organisation that comes in contact with people who may wish to report a disability hate incident can use the Hate Incident Report Form to record and report the incident.
- Individual victims can also use the form to report incidents directly to us.
- The form is used to report all types of hate incidents.
Please send the completed forms to:
Hate Incidents Team
Partnership Community Safety Team
162 North St., Brighton. BN1 1EA.
Tel.: (01273) 292735 Fax: (01273) 294648
hate.incidents@brighton-hove.gov.uk
True-Vision easy-read self-reporting forms for people with learning disabilities
Working with disabled people, their carers and support organisation, we have developed a easy read form that people with learning disabilities can complete with assistance from their carers or staff.
- The form has lots of pictures and you can draw to tell us more about what happened.
- You can report all type of hate incidents through these forms.
- The pack also gives you information about disability hate incidents and support available.
You can request copies from the Hate Incident Team on (01273) 292735 or 294637 or 296777.
We will also be happy to speak to people with learning disabilities at the day centre or in support organisations so they understand what is hate incident and how they can report.
Reporting to the Partnership Community Safety Team
You can call us for a chat or an appointment
- Hate Incident Caseworkers (Race, Faith, & Disability) - (01273) 294367 & 296777
- Senior Hate Incident Caseworker - (01273) 292735
(all available office hours Monday to Friday) - You could email the Hate Incident Caseworkers at hate.incidents@brighton-hove.gov.uk
Meet us by appointment at the
Partnership Community Safety Team.
162 North Street,
Brighton. BN1 1 EA
Or we can arrange to visit you at your home or meet you at other venues in the neighbourhood, if you prefer that.
What if I need some support?
Caseworkers supporting victims or witnesses of disability hate incidents based at the PCST
- can arrange to meet you at your home, if you wish
- can provide language/sign interpreter, if you need one
- if you choose to work with the caseworker, an action plan will be developed to resolve the complaint
- with your consent, we will work with other agencies (police, housing officers, schools, etc) on the agreed actions
- we will support you throughout the process
- we will also support you if you have to go to the court
- the case will be managed with the aim that the outcome will be both agreeable to the victim and realistic
What is the PCST
The PCST is a partnership of the Brighton & Hove City Council with the Sussex Police, the Racial Harassment Forum, the Domestic Violence Forum, and the LGBT communities. The PCST is committed to involving disabled people, their carers and organisations working with disabled people in developing their priorities and services.
In practical terms it means that some members of the team are employed by the council and others are employed by the police, and together we work to reduce hate incidents and crimes.
The aims of the service include increasing reported incidents, ensuring victims and witnesses are fully supported and building their confidence in the criminal justice systems.
Further development of reporting options
We are in the process of developing a range of options for people in Brighton & Hove to report disability hate incidents at a variety of locations in the city.
- A number of organisation working with disabled people have agreed to be the reporting centres. It means that you are able to report incidents to them. We will train the staff at these organisations and support them to take reports from you and support you.
The reporting options will be developed with the involvment of disabled people, their carers, organisation supporting disabled people as well as other key partners. They will be in different formats to suits your needs.
Other support services
If you wish to learn more about what other support is available please visit Victim Support.If you wish to find this information in other languages please visit Victim support leaflets translated in other languages.
If you are to attend the court as a victim or a witness, Witness Service may arrange for you to visit the court before the trial, so you are familiar with the court. They can also assist you in the court proceedings and arrange for special measures.
Disability Support Organisations
Disability advice centre: Brighton & Hove Disability Advice Centre is an independent service for anyone who requires information and advice about disability related matters. Please call them on (01273) 203016 or visit the Disability Advice Centre website to learn more about their services.
The Sussex Deaf Association provides spiritual and social welfare for deaf people in Sussex. They can be reached at Tel: (01273) 671899 or visit the Sussex Deaf Asscoiation website to learn more about their services.
Mind is the leading mental health charity in England and Wales. They work to create a better life for everyone with experience of mental distress. You can contact them on Tel: (01273) 749 600. or visit their Mind website to learn more about their services.
Visit the Brighton & Hove Learning Disability Partnership Board website.