Hate Behaviour Policy

POLICY PURPOSE

1.1 This Policy outlines our approach on how we will deal with hate behaviour reports directly, and how we will work in partnership with the community as well as other agencies, to tackle wider issues relating to hate crime, through a collaborative approach.

1.2 We are fully committed to partnership working, we know the best results come from an integrated approach, and central to this will be supporting and engaging with customers and residents, as well as our partner agencies including the voluntary sector.

1.3 This Policy sets out the harm centred approach we will adopt when handling hate related incidents, to ensure victims and witnesses are assessed in terms of risk and vulnerability, so that appropriate levels of support can be put in place as soon as possible, and throughout the life of the case. The needs of the victim and the witnesses will not be outweighed by the needs of the person who is perpetrating the hate behaviour and the focus will remain on the harm that is being caused to the victims and the wider community.

1.4 This Policy meets the requirements set out by the Equality Act 2010 and aims to prevent unlawful discrimination; we recognise that hate incidents can disproportionately impact those people with protected characteristics. We are strongly committed to fairness and making sure that everyone has the same opportunities to achieve the same or similar outcomes and we will take additional steps in the application of this Policy and make reasonable adjustments to ensure compliance with the Equality Act 2010.

1.5 This Policy will meet the new Tenant Satisfaction Measures Standard introduced in April 2023 by collecting feedback from our customers about how we are responding to incidents driven by hatred and prejudice.

1.6 Although we recognise that we might not be able to resolve all complaints to the satisfaction of all parties, we will endeavour to investigate all complaints that we receive which have been assessed as hate related incidents.

1.7 We have a separate policy related to:

• Domestic Abuse Policy;
• Anti-Social Behaviour Policy;
• Safeguarding Adults Policy;
• Vulnerability Policy.

2. POLICY SCOPE

2.1 This Policy applies to:

• those who are victims and witnesses of hate related behaviour and live in our properties or visit our properties;
• those who are the perpetrators of hate behaviour and live in our properties or visit our properties;
• those who are the perpetrators of hate behaviour and are not our customers but are perpetrating conduct driven by hate and where this conduct is having a direct impact on our housing management functions.

2.2. This includes people who live in our:

• general needs accommodation;
• supported schemes;
• leasehold as well as people who live in other tenures (where their conduct is having a direct impact on our housing management function);
• we also recognise that our own colleagues and contractors may be affected by hate incidents and we are committed to supporting them in any way that we can if they witness or are subjected to hate behaviour whilst carrying out their duties.

3. RELEVANT LEGISLATION & REGULATION

• Housing Acts 1985, 1988 ,1996 and 2004;
• Public Order Act 1986;
• Protection from Harassment Act 1997;
• The Human Rights Act 1998;
• Crime and Disorder Act 1998;
• Data Protection Act 2000;
• Anti Social Behaviour Act 2003;
• Criminal Justice Act 2003;
• Mental Capacity Act 2005;
• Safeguarding Vulnerable Groups Act 2006;
• Policing and Crime Act 2009;
• Equality Act 2010;
• Police Reform and Social Responsibility Act 2011;
• GDPR 2018;
• Anti Social Behaviour Crime and Policing Act 2014;
• Domestic Abuse Act 2021.

3.1 The Regulator of Social Housing’s (RSH) role is to regulate the Consumer Standards and to intervene where failure to meet the standards has caused, or could have caused, serious harm to residents. The new Tenant Satisfaction Measures Standard sets further expectations for landlords to measure the levels of satisfaction regarding the delivery of service in hate related reports.

4. POLICY STATEMENT

Hate related incidents and hate crime can have a significant impact on those experiencing it, and often leaves people feeling vulnerable, by affecting self-confidence and health and can leave individuals feeling isolated, fearful of what might happen next and potentially less likely to report further incidence, as well as create an environment for hostility and prejudice to thrive and damage the fabric of our society. This is unacceptable. Everyone has the right to live their life free from fear of attack or abuse because of who they are.

4.2 We recognise that it is possible for a hate related incident to have more than one motivating factor, and for hate incidents and crimes to include acts of anti-social behaviour. For example, an incident may be motivated by hostility towards both the victims race and religion and the perpetrator could engage in harmful behaviour motivated by their prejudice. Therefore, it is important to be led by what the victim perceives to be the motive behind the offending and harmful behaviour. It is essential that we maintain a victim-centred approach by putting them first, understand any impact upon them and liaise with our partners in order to ensure that support based upon victim need is being delivered.

4.3 One Manchester will not tolerate any form of hate related behaviour directed towards our customers, leaseholders, their visitors or any others engaged in a lawful activity in the locality of our homes, including our colleagues, contractors and others acting on our behalf. We will use the full range of tools and powers available to support the triple track approach of Prevention, Intervention, and Enforcement.

5. AIMS

5.1 The purpose of this Policy is to ensure that, by dealing with victims of hate incidents effectively and applying risk assessment processes from a victim and, where appropriate, community perspective, we endeavour to reduce the likelihood of future harm, occurrence, and impact upon community cohesion by providing guidance to all our colleagues in the identification of incidents.

5.2 Our commitment:

• we take a zero-tolerance approach to behaviour motivated by hate;
• to respond positively to reports and take all reports seriously;
• to encourage and publicise the reporting of hate behaviour;
• take prompt and effective action against perpetrators;
• to ensure a service for reporting Hate Behaviour is available and accessible for all customers, colleagues, partner agencies and members of the public;
• to respond to reports of Hate Behaviour in a timely manner within 24 hours of the report being made;
• acknowledge that each case of Hate Behaviour is different and take a harm centred approach to dealing with the issue, tailoring the support offered to victims and witnesses appropriately;
• to support those who are experiencing incidents of Hate Behaviour, and stay in contact with them, keeping them informed of progress throughout their case;
• use a risk assessment tool to assess levels of risk and vulnerability and identify appropriate levels of support;
• to liaise with partner organisations and work together to find solutions;
• to identify additional support needs of victims and make appropriate referrals to specialist agencies with their consent;
• to use our professional judgement as to whether the incidents being reported can be realistically investigated and resolved by us or needs to be referred on to the Police to consider as a criminal investigation;
• to undertake action that is reasonable and proportionate and be clear with customers on the range of interventions and solutions available;
• provide information in all accessible formats approved by customers which summarises how One Manchester will manage hate related incidents including timescales for responding to reports, and translate this information for those customers whose first language is not English;
• where appropriate, publicise successful enforcement and prevention actions and initiatives;
• encourage customer groups to support victims and give evidence of hate incidents.

6. DEFINITIONS

6.1 There are two key definitions a hate incident and a hate crime.

We define a 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, disability, age, sex, race, religion, sexual orientation, transgender or perceived to be transgender, pregnancy and maternity, marital status, gender identity or socio -economic status, or perceived, disability, age, sex, race, religion, sexual orientation, transgender or perceived to be transgender, pregnancy and maternity, marital status, gender identity or socio -economic status”.

6.2 Hate incidents could include (this list is not an exhaustive list):

• verbal abuse;
• bullying;
• offensive jokes and comments;
• intentionally Spitting at someone;
• inciting hatred with leaflets, publications;
• offensive graffiti and fly posting;
• ridiculing cultural differences e.g. food, dress, language;
• physical attacks – such as physical assault, damage to property, and arson;
• threat of attack – including offensive letters, abusive or obscene telephone calls, texts, emails or via social media, groups hanging around to intimidate and unfounded malicious complaints;
• abusive gestures;
• littering outside homes or through letterboxes;
• excessive noise reports;
• throwing eggs and stones at properties;
• befriending vulnerable people to take advantage of, exploit and or abuse them.

6.3 Hate crime - We define a hate crime as:

“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, age, race, religion, sex, sexual orientation or perceived disability, age, race, religion, sex, sexual orientation or against a person who is transgender or perceived to be transgender”.

6.3.1 Potentially any crime could be motivated by hostility and prejudice, and therefore a hate crime could include (this list is not an exhaustive list):

• violent attack;
• vandalism to property;
• theft;
• verbal abuse;
• harassment and intimidation.

6.4 Perception

6.4.1 The perception of the victim or any other person is the defining factor in determining a hate crime or a hate incident. The apparent lack of motivation as the cause of a crime or an incident is not relevant, as it is the perception of the victim or any other person that counts.

6.4.2 The fact that any person can perceive an incident to be motivated by hostility or prejudice is of particular note when colleagues are dealing with persons who either have a learning disability, dementia or mental ill health. On occasions, the victim may not realise that they have been subject to a hate crime or a hate incident. Therefore, a colleague can still record it as such based upon their or other third party’s perception.

6.4.3 We will adopt a victim-centred approach when taking reports of hate behaviour, ensuring we treat the incident as the victim perceives it, not how we may perceive it. A hate incident is based on the perception of the individual, so if the victim feels the incident is motivated by hate, then it will be recorded as such.

7. REPORTING HATE RELATED INCIDENTS

7.1 Any person can report an incident in a number of ways:

• phone during office hours;
• by e-mail at anytime;
• online via the customer portal;
• using our website Twitter and Facebook;
• in person at any of our offices during office hours;
• by writing to us at Lovell House, Archway 6, Hulme, Manchester, M15 5RN;
• by a third party such as a councillor or support worker.

7.2 We recognise that some types of hate behaviour will be crime related, and cannot be effectively tackled without collaborative working relationships with the police as the lead agency, as well as those members of the public who are being directly affected. When a hate crime is reported, we will share this information with the police and support the police as the lead agency to investigate the crime.

7.3 Where a hate crime is being reported we will encourage the reporter to:

• report it directly to the police; or
• report it to Crimestoppers if they wish to remain anonymous; or
• report it via True Vision which is a police website based reporting system.

7.4 We operate a harm-centred approach when dealing with reports of hate behaviour, and where a customer is assessed as vulnerable we will offer support as well as signposting to other agencies.

8. CASE PRIORITY AND INVESTIGATION

8.1 Reports of hate behaviour will be assessed and prioritised at the point of contact. This will involve the reporter being asked a series of questions relating to the incident, so that we can assess the potential risk of harm being caused.

8.2 The report will then be allocated to a named colleague.

8.3 All reports of hate behaviour will be given high priority and a colleague will contact the reporter the same day where this is practical to do so or within 24 hours.

8.4 All reports will be taken seriously, assessed appropriately, and recorded on our internal reporting systems.

8.5 All cases will be regularly assessed throughout the investigation using a risk assessment matrix, which will determine case priority, response times and frequency of contact with the parties involved.

8.6 Colleagues will maintain high quality standards of casework activity and robust record keeping throughout the investigation of a case.

8.7 Colleagues will keep in regular contact with the parties involved in the case, agree action plans and provide feedback on a regular basis, using the customers preferred method of communication.

8.8 We will actively encourage the parties involved to engage with us and work with us to resolve the issues. We will stay in touch with the reporter and any other witnesses, and encourage them to continue to provide us with information about any ongoing incidents that they may be experiencing. Collecting further evidence of ongoing hate incidents is very important and therefore we will explain this to the reporter and agree with them how this ongoing evidence will be collected.

8.9 We will usually request the reporter to keep a written record of what is happening and ask them to submit these on a regular basis. Where this is not possible, the investigating colleague will agree more appropriate options for collecting the details of any further incidents.

8.10 If a reporter states they wish to remain anonymous and do not want their identity disclosed we will respect their decision. However, this may limit what direct action we can take in relation to the subject who is responsible for the hate behaviour. One Manchester will still continue to support the reporter and take appropriate action where possible.

8.11 Throughout the case, we will continuously assess and review progress of the case, always taking reasonable and proportionate steps.

8.1.1 Support and vulnerability

8.1.2 We will refer to our Vulnerability Policy if the reporter or the person responsible for the incidents has any support needs, or vulnerabilities, these will be discussed with the investigating colleague in a sensitive manner. We will engage with appropriate support services by making referrals and signposting the person to the appropriate specialist agencies, if the person gives consent to do so.

8.1.3 If the reporter or the subject refuse to give their consent to the referral being made, the investigating colleague will explore this further with the reporter or the subject to try and allay any fears that the person may have. However, if the customer is adamant they do not wish to be referred or have their personal details shared with any other organisations we will have to accept and respect their decision.

8.1.4 If we identify any safeguarding concerns, then this would override the customers refusal to give their consent, and in these situations, we will explain to the customer why the referral would still need to be made, or information shared.

8.2.1 Prevention: Intervention: Enforcement (PIE)

8.2.2 We will adopt a triple track approach of Prevention, Intervention, and Enforcement (PIE) to our casework, and deal with each case on its own merits. We will look at early intervention/prevention remedies first, (unless there has been a serious incident e.g. threat/use of violence).

8.2.3 We use a wide range of tools and powers to challenge incidents motivated by hostility and prejudice and will decide on a case by case basis which tools and powers will be the most appropriate to use.

8.2.4 Generally, in those cases, where there is no ongoing serious risk of harm or imminent danger, early interventions tools and techniques will be applied based on tried and tested casework resolution, for example:

• conflict resolution;
• restorative solutions;
• good neighbour agreements;
• accessing rehabilitation or support.

8.2.5 Investigating colleagues will maintain high quality standards of casework activity and robust record keeping throughout the investigation of a case.

8.2.6 We will consider enforcement action where early intervention techniques have not been successful and the hate behaviour is continuing, or where reporters need protection to prevent further incidents from occurring and where the person causing the behaviour is refusing to engage with us and/or appropriate support services. We adopt a victim-centred approach and therefore would seek permission first from victims and witnesses to use their evidence in any legal action we were considering.

8.2.7 We will only take enforcement action if it is reasonable and proportionate to do so. Based on the case itself, and what is happening in a specific case, we will decide whether or not we should initiate our own legal action, or whether it is more appropriate and beneficial, as part of a wider community safety strategy, to support the enforcement action of a partner agency. We will always work closely with the police, our colleagues in the Local Authority, other agencies and other landlords to develop strategies and initiatives which respond to, and reduce the incidence of hate related behaviour.

8.2.8 If court action is required, we will support reporters and witnesses throughout the court process and beyond. We understand that not everyone feels able to give evidence in court, but cases are most successful where we have witnesses who can give their own account of what they have been experiencing.

8.2.9 We will not tolerate abuse towards our colleagues, or our contractors or anyone else providing services on our behalf. This includes threats of violence, verbal abuse and intimidation, harassment and actual violence. In such situations One Manchester will always take appropriate action against those who perpetrate these types of serious offences.

9. HATE INCIDENTS/HATE CRIME TOWARDS COLLEAGUES

9.1 If you are a colleague and you experience a hate incident from another colleague or contractor, report it to your line manager as soon as possible.

9.2 If you are a colleague and witness another colleague or a customer who you feel has experienced a hate crime or incident, please ask them to report it.

9.3 If a colleague or customer complains to you that a colleague has committed an alleged hate crime or incident, you will need to report the issue to their manager. You will also need to report the incident via the appropriate channels. If you are a manager, you need to escalate this appropriately with your line manager and the people team.

9.4 If you are a colleague and are due to visit a customer or home where a hate crime has been alleged or perpetrated, a risk assessment will need to be completed jointly with the colleague and their line manager to properly assess the risk. Any related risks are to be identified and appropriate measures put in place. Following the visit, a check-in with the colleague and line manager needs to be arranged to fully debrief and ensure any actions or concerns are captured.

9.5 At no time are colleagues expected to put themselves at risk.

10. CLOSING A CASE

10.1 We will look to close a case in the following circumstances:

• reasonable and proportionate steps have been taken and the behaviour is no longer being reported;
• the subject is engaging with support services, and s/he is no longer perpetrating the reported behaviour;
• the subject has moved, and the behaviour has stopped;
• there is insufficient, ongoing evidence that the behaviour is still being perpetrated.

10.2 We will inform the reporters and any witnesses initially about the case closure and then will advise all parties in writing, including any agencies and services that may have been involved in the case.

10.3 We will always take into account the customers views when closing a case, however, we cannot guarantee that the action we take will be what the customer is expecting or wants. One Manchester must operate within legal guidelines and our policy framework which focusses on reasonableness and proportionality.

11. SAFEGUARDING

11.1 Our Safeguarding Policy ensures that all colleagues are trained to identify and prevent safeguarding issues and understands the different aspects of safeguarding that they have a duty to report.

12. WORKING TOGETHER IN PARTNERSHIP

12.1 We are committed to working collaboratively, and we work in partnership with both statutory, and non-statutory agencies, as well as members of our community, to maintain a safe environment for our tenants and residents.

12.2 We are involved and do contribute to local partnership meetings to identify solutions to prevent hate incidents and hate crime, to protect people who are experiencing hate behaviour and to challenge those who are responsible for it. On a case-by-case basis, we will assess which partners and agencies may need to be involved, so that a holistic approach to case resolution can be identified.

13. DATA PROTECTION AND INFORMATION SHARING

13.1 We will share information with our partners in accordance with relevant legislation such as the General Data Protection Regulations 2018, Data Protection Act 2000 and the Crime and Disorder Act 1998, to help protect vulnerable victims and detect, prevent and take coordinated action against hate crime and hate incidents.

13.2 We are committed to ensuring customer confidentiality and will not disclose their identity unless they agree that we can, or unless there is a need to share that and other information with other agencies for lawful purposes, such as where there is a need to safeguard someone at risk.

14. COLLEAGUE TRAINING AND SUPPORT

14.1 We will ensure that relevant colleagues are able to access appropriate training as well as updates on relevant legislation and changes in national policy drivers. We are committed to continuous personal development and training and will access both internal and external training appropriately.

15. ANTI SOCIAL BEHAVIOUR CASE REVIEW

15.1 In situations where a reporter is not satisfied that we have taken appropriate action/steps to deal with their report of a hate incident, they have the legal right under the Anti-Social Behaviour Crime and Policing Act 2014 to request a formal review of the case. This is known as the Anti-Social Behaviour case review.

15.2 In order to request a case review a locally agreed threshold must be met. Further information about how the Anti-Social Behaviour case review can be invoked can be found on case closure letters, it can also be found on the website.

16. QUALITY ASSURANCE AND MONITORING

16.1 We will consult with all the relevant key stakeholders, including customers and colleagues on this Policy to deal with hate related behaviour and to improve its effectiveness on a regular basis. We will invite customers to scrutinise our service and give us feedback for improvements.

16.2 We will seek feedback from customers and carry out regular monitoring and reviews of all reported cases of hate related behaviour, including the numbers, progress and outcomes of cases.

16.3 Individual cases will be closely supervised and managed by the Team Leader on a regular basis with the investigating colleague. The Team Leader will provide appropriate advice and support to investigators and provide direction ensuring that cases are progressed in line with operating guidelines and procedures.

16.4 Performance information will be collected monthly and quarterly and shared appropriately with the team, the wider teams that report to Directorate level, and to the Board as appropriate.

17. COMPLAINTS

17.1 Any party involved in a hate behaviour case can make a complaint to One Manchester if they are not satisfied about how their case has been handled. When a complaint of this type is made, we will follow the process set out in our complaints policy and process.

18. RESPONSIBILITIES

18.1 Overall responsibility for this Policy lies with Head of Neighbourhoods.

19. EQUALITY IMPACT ASSESSMENT

19.1 An Equality Impact Assessment (EQIA) has been completed and assessed.

19.2 The EQIA found the following recommendations:

to extend information to customers in all accessible formats not just written, this has been accepted and incorporated;

recommendation to include characteristics such as pregnancy and maternity, gender identity and socio -economic status as best practice accepted and included.

20. MONITORING AND REVIEW

20.1 Compliance with this Policy shall be monitored by Neighbourhood Manager (Community Safety). We will review the impact of this Policy on customers with protected characteristics.

20.2 The Policy will be reviewed in 3 years.

20.3 The Head of Neighbourhoods will be responsible for initiating a review of this Policy.

21. CONTACT PERSON

21.1 The Head of Neighbourhoods has responsibility for the effective delivery of this Policy.

22. ASSOCIATED POLICIES AND DOCUMENTS

22.1 Internal documents:

• Anti-Social Behaviour Policy;
• Domestic Abuse Policy;
• Safeguarding Adults Policy;
• Allocations Policy;
• Vulnerability Policy;
• Complaints Policy.