Hate Crime Policy

Control:

EKH Neighbour Nuisance and Anti Social Behaviour Policy 2012

EKH Equality and Diversity Policy 2011

EKH Safeguarding Children Policy 2012

EKH Safeguarding Adults Policy 2013

Version / EKH#1
Author / Sue Harris
Date of review / October 2014

Contents

Page

1.Introduction3

2.Our Aims and the Purpose of this policy 3

3.Our values and service standard3

4.Policy context and legislative requirements3

5.Definition of Hate Crime 4

6.Equality and Diversity 5

7.Reporting Hate Crime 5

8.Investigating Hate Crime 5

9. Support for victims of Hate Crime 6

10 Action against Perpetrators 6

11. Partnership Working 6

12. Confidentiality and Information Sharing 7

13. Training and guidance for staff 7

14. Monitoring and review arrangements 7

1.0 Introduction:

1.1Hate crime is any criminal offence where the victim believes they have been targeted because of their race, religion, gender,disability, or sexual orientation..

1.2Safety and security and the right to live free from fear and harassment are

fundamental Human Rights and East Kent Housing (EKH) is committed to ensuring that our tenants and leaseholders enjoy the right to peace, quiet enjoyment and security in their own home and considers all cases of Hate Crime as serious.

1.3We will take a zero tolerance approach to hate crime and treat all incidents seriously and investigate them in a fair and sensitive way.

1.4 We will use a range of interventions depending on the severity of the case which

includesMediation, preventative community support, support for individual tenants and leaseholders who are vulnerable, support for victims and enforcement action, where appropriate, to eliminate hate crime on our estates and in the dwellings we

manage.

1.5 We will take positive action with our partner agencies, where appropriate, to deal

with disruptive tenants involved in hate crime on estates or in the dwellings we manage.

1.6 We will keep the victim aware of any action we are taking ensuring

confidentiality during the investigation and support and protect the tenant or

leaseholder, as appropriate.

2.0Our Aims and the purpose of this Policy

2.1The purpose of this policy is to provide our tenants and leaseholders with a clear

statement of our commitment to tackling and preventing hate crime.

2.2We will deal with incidents ofhate crime against our tenants and leaseholders in

conjunction with our Neighbour Nuisanceand Anti-Social Behaviour

policy 2012, Equality and Diversity policy 2011, Safeguarding Children Policy 2012 and

Safeguarding Adults Policy 2013.

3.0 Our Values and Service Standard

3.1At East Kent Housing we recognise the need to be approachable, fair and impartial to allparties involved in complaints of harassment and hate crime and are committed to dealing with the causes and effects of this behaviour.

3.2 Wewill adopt a zero tolerance approach to all forms of hate crime, respond to

reports and investigate and gatherevidence fairly and with sensitivity.

4.0 Policy Context and Legislative Requirements

4.1 EKH recognises the legal duties and obligations under the following legislation.

  • Housing Act 1996 and 2004
  • Public Order Act 1986
  • Criminal Justice Act 2003
  • Racial and Religious Hatred Act 2006
  • Criminal Justice and Immigration Act 2008
  • Protection from Harassment Act 1997
  • Human Rights Act 1998 (articles 1,6 & 8)
  • Crime and Disorder Act 1998
  • Equality Act 2010
  • Malicious Act 1998
  • Police Reform Act 2002

4.2 The tenancy agreements of all the four East Kent Councils clearly set out the standard of behaviour expected of our tenants, members of their family, anyone living at or visiting their home who must not behave in a way that causes or is likely to cause alarm and distress towards other residents in the locality or commit any acts of intimidation or

harassment on the grounds of their race, religion, gender, disability and sexual

orientation .

5.0Definition of Hate Crime?

5.1EKH defines a hate related incident as: “any type of behaviour or action carried out against another person on the grounds of race, religion, gender, disability and sexual orientation. We will treat all reports of hate crime and hate related behaviour

seriously and deal with them in a sensitive way. We will take prompt and effective action in line with the policy and procedures for dealing with hate crimeand perceived hate crime.

5.2 Hate Crimes and Incidents come in many different forms and victims are targeted

because of their :

  • Race
  • Religion
  • Gender
  • Disability
  • Sexual Orientation

5.3Hate incidents can feel like crimes to those who are suffering them and they often

escalate to crimes or tension in a community.All hate crimes should be reported,

whether the person is a victim, witness or someone reporting on behalf of someoneelse.

These incidents may include but are not limited to;

  • Verbal Abuse
  • Physical Assault
  • Bullying
  • Domestic Abuse
  • Offensive Literature
  • Graffiti
  • Harassment
  • Damage to property
  • Cyber bullying and trolling
  • Gangs and gang culture

5.4Some forms of harassment can be identified as “Hate Crimes” and in making a

judgement it is the impact on the victim not the intentions of the perpetrator that is

important. This definition from the MacPherson Report (1999) into the death of Stephen

Lawrence is not to prejudice whether a perpetrator’s motive was hate or not. EKH acknowledges the findings of the MacPherson Report.

6.0Equality and Diversity

6.1EKH is committed to promoting equality of opportunity for all our tenants and

leaseholders regardless of their race, religion, gender, disability, or sexual orientation as set out in our Equality and Diversity Policy 2011. This ensures there is no unlawful discrimination and our tenants and leaseholders have full access to a service that is

tailored to meets their needs.

7.00ReportingHate Crime

7.1 Hate Crime is a violation of personal and civil rights and no one has the right to

harass, threaten or assault anyone because of who they are. Any incidence of hate crime should be reported to the Police, EKH and any other appropriate agency to take action and deal with it quickly and effectively.

7.2 We will encourage victims of hate crime to report the incident/s to the Police directly or indirectly through a third party or via another agency if they are unable to approach them themselves.

7.3 We will publicise the broad range of mechanisms available for reporting incidents of Hate Crime to us, which includes:

  • telephone
  • talking directly to Neighbourhood Managers, Sheltered Housing Officers and Scheme Managers.
  • e-mail
  • EKH website:
  • written correspondence
  • personal visits to any East Kent Council Office or Gateway
  • through a third party ( e.g. Councillor, friend or relative)

8.0Investigating Reports of Hate Crime

8.1 Wewill contact the victim reporting a hate crime the same day to discuss the incident. If the incident is reported out of hours we will contact the complainant the next working day.

8.2We will consider the victims perception of the incident to ensure that any prejudice or hate is fully considered throughout the investigation and investigate it thoroughly.

8.3We will allow more time for interviews for vulnerable people where there is a difficulty in communication, such as a learning disability, a disability or a language barrier.

8.4After investigation where it is clear the incident is not motivated by prejudice or hate we will deal with it in line with our Neighbour Nuisance and Anti-Social Behaviour Policy 2012.

8.5We will take action against a perpetrator of hate crime ,if it is proven, to enable us to

eliminate hate crime in communities and in the properties we manage.

8.6Where there is offensive graffiti to a property as a result of a hate crime or incident we will remove it within one working day.

8.7Where there is damage to a property as a result of a hate crime incident we will

endeavour to carry out repairs within one working day.

9.0Support for Victims and Witnesses of aHate Crime

9.1We will takea victim centred approach and accept a reported incident of hate crime if it is defined by the victim or person reporting it.

9.2 We willkeep comprehensive records of all reported incidents,support victims and witnesses and keep them informed of any action being taken throughout thecase.

9.3 We will offer Mediation as a means to resolving the case if the victim is in full

agreement.

9.4 We will use the remedies available to us , working in partnership with the police and other agencies to protect victims and witnesses where threats of violence are made against them by identifiable

perpetrators.

9.5 We will support victims and their families to remain in their own homes where it is safe to do so. If it is unsafe to remain in the home or the victim fears for his or her safety, and the police agree this action is necessary, we will act quickly and rehouse the victim in line with the allocation policies of the four East Kent Councils.

9.6 We will arrange additional security measures to the victims home where necessary.

9.7We will provideaccess to interpreters and offer translation into other languages and formats, where appropriate.

10.0 Action against Perpetrators

10.1 We will consider using the full range of remedies against perpetrators, with the victims consent, when incidents of hate crime are proven , including:

  • Written Warnings
  • Acceptable Behaviour Agreements
  • Injunctions
  • Demotion of tenancy
  • Possession Proceedings
  • Eviction

10.2 We recognise the potential of criminal proceedings in proven cases of hate crime and we will work closely with the police ,reporting, collecting evidence and pursuing prosecution of the perpetrator, as appropriate.

10.3 We also recognise that some perpetrators need help and support to change their behaviour and we will work with other agencies to try and bring about this change.

11.0 Partnership Working

11.1We will work in partnership with the Police and other agencies to ensure that reported cases of hate crime are thoroughly investigated and all relevant evidence is recorded accurately and in an efficient way.

These agencies may include but are not limited to:

  • The Police
  • Probation
  • Community Safety Units
  • Victim Support
  • Social Services

12.0 Confidentiality and Information Sharing

12.1 The Data Protection Act 1998 allows for the exchange of information where it is for the

prevention or detection of crime or for the apprehension or the prosecution of offenders.

12.2 We will only share information with other agencies, with written consent, unless we are required to do so by law or the information is necessary for the safeguarding children and vulnerable adults in the line with EKH’s Safeguarding Children Policy 2012 and Safeguarding Adults Policy 2013.

12.3 We recognise that confidentiality is important to build up a relationship of trust with the person

experiencing harassment or hate crime to reassure them that any information they provide is kept in the strictest confidence.

12.4 We will only share information, where necessary, in line with the Kent and Medway Information

Sharing Protocols.

13.0Training and Guidance for Staff

13.1 EKH is committed to ensuring our staff:

:

  • Are made aware of this policy and understand their responsibilities when dealing with incidents of hate crime.
  • Are supported and encouragedto understand the legislation and remedies available to tackle hate crime.
  • Prioritise reported incidents of hate crime based on a victim centred approach and treat all tenants and leaseholders fairly showing courtesy and respect regardless of background and life style.
  • Encourage victims to report incident/s of hate crime directly to the Police or through a third party if they are unable to approach them themselves.
  • Respect the confidentiality of all our tenants and leaseholders.
  • Work in partnership with the Police and other agencies to effectively deal with hate crime.

14.0 Monitoring and Review Arrangements

14.1 We will continually monitor the effectiveness of this policy and will make the necessary

amendments to address any changes in legislation best practice and operationalissues.

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