FOI 1029-2023 / Nov 2023 / Hate incidents
FREEDOM OF INFORMATION REQUEST REFERENCE NO: 1029-2023
I write in connection with your request for information which was received on 9th November 2023 as follows:
I am writing to request the following information relating to non-crime hate incidents, specifically:
The number of NCHIs reported, and the number recorded, since 3rd June 2023 to 3rd November 2023
A copy of the log, or record, kept by your force of all non-crime hate incidents reported since 3rd June 2023 to 3rd November 2023
This should include a summary of the report, the hate strand, and if possible, where/when the incident occurred. Please redact any personal data from the records.
Please find the Warwickshire Police response set out below.
Response: Section 1 of the Freedom of Information Act 2000, places two duties on public authorities. Unless exemptions apply, the first duty at Section 1(1)(a) is to confirm or deny whether the information specified in a request is held. The second duty at Section 1(1)(b) is to disclose information that has been confirmed as being held.
When refusing to provide such information, because the information is exempt, Section 17 of the Freedom of Information Act 2000 requires Warwickshire Police to provide you the applicant, with a notice which:
(a) States that fact
(b) Specifies the exemption(s) in question and
(c) States (if that would not otherwise be apparent) why the exemption(s) applies.
I can confirm that Warwickshire Police holds the requested information; however, the information is not suitable for disclosure in the requested format and an exemption applies.
The exemption applicable in this case is:
Section 40(2) Personal Information
Section 40 is an absolute class-based exemption, which does not require evidence of the harm disclosure would cause and does not require consideration of a public interest test. That being said, where Section 40(2) is engaged, in order to make the exemption absolute there needs to be evidence that a Data Protection Principle would be breached by disclosure.
This exemption is engaged where disclosure of information relates to personal data of a third party or could lead to the identification of an individual, either from that information alone or combined with any other information from within the Police Service or public domain. In this case, due to low numbers, providing the information in a correlated format, including a copy or summary of the reports, is likely to lead to the identification of an individual and provide information in relation to that individual. Such a disclosure would breach individuals’ rights under the Data Protection Act 2018, in particular Article 5(1) of the GDPR which states that personal data shall be processed lawfully, fairly and in a transparent manner in relation to the data subject.
This letter serves as a refusal notice under Section 17 of the Freedom of Information Act in relation to the requested format. Instead, information has been provided in uncorrelated tables, and incident reports have been reviewed and summarised. Please see the information I am able to disclose set out below.
|
NCHI reported 03/06/2023 to 03/11/2023* |
|
21 |
*All hate crime reports are recorded.
|
NCHI reported 03/06/2023 to 03/11/2023 |
|
|
Month |
Total |
|
June |
4 |
|
July |
5 |
|
August |
2 |
|
September |
4 |
|
October |
5 |
|
November |
1 |
|
Grand total |
21 |
|
Summary of reports |
|
Alleged comments perceived as hate related due to disability |
|
Alleged derogatory racial language used |
|
Allegedly used derogatory racial language |
|
Allegedly used derogatory racial language several times |
|
Behaviour was perceived to be hate related towards those with disabilities |
|
Comments allegedly made in relation to being transgender |
|
Comments have been perceived to be derogatory and racial |
|
Comments made were perceived to be hate motivated |
|
Comments perceived to be hate motivated |
|
Derogatory racial language allegedly used |
|
Derogatory racial language allegedly used to describe individuals |
|
Individual deemed language to be referring to their sexuality |
|
Individual feels that they were treated differently due to disability |
|
Individual feels they have been provoked as they are transgender |
|
Individual has perceived other parties’ behaviour to be hate motivated |
|
Individual has reported homophobic abuse |
|
Individual perceived comment was due to their gender |
|
Individual perceived derogatory racial language was directed at them |
|
Individual perceived symbol to be hate related |
|
Opinion perceived as being racist |
|
Remark made was allegedly racist |
|
Hate strands |
Total |
|
Hate Motivated - Alternative Sub-Culture |
1 |
|
Hate Motivated - Disability |
3 |
|
Hate Motivated - Racial |
10 |
|
Hate Motivated - Religion - Jewish |
1 |
|
Hate Motivated - Religion - Muslim |
1 |
|
Hate Motivated - Sexual Orientation |
2 |
|
Hate Motivated - Transgender |
3 |
|
Grand total |
21 |
|
Districts |
Total |
|
North Warwickshire |
3 |
|
Nuneaton & Bedworth Borough |
5 |
|
Rugby Borough |
4 |
|
Stratford District |
4 |
|
Warwick District |
5 |
|
Grand total |
21 |
Every effort has been made to ensure that the information provided is as accurate as possible.
Your attention is drawn to the below which details your right of complaint.
Should you have any further enquiries concerning this matter, please write or email the
Freedom of Information Unit quoting the reference number above.
Yours sincerely
Freedom of Information Officer
Freedom of Information Unit
Warwickshire Police
PO Box 4
Leek Wootton
Warwickshire
CV35 7QB