Disability Hate Crime

Mark Durkan Excerpts

Wednesday 23rd November 2011 Westminster Hall

[Kate Green]

Indeed, and I will say a little more about that. It is an important point that highlights that some of the perpetrators of really shocking instances of abuse and criminal behaviour are very young. Intervening early to demonstrate to them the absolute unacceptability of such behaviour is clearly the right thing to do.

Cases such as that of Fiona and Francecca Pilkington are of course the extreme, but they exist in a context of rising hostility to disabled people, which fuels abusive behaviour and leads to an increase in the harassment of them. Recent research for Scope by ComRes has shown that 47 % of disabled people feel that attitudes towards them had got worse over the past year, with 66% of disabled people reporting experiencing aggression, hostility or name calling.

A study published last month by the Glasgow Media Group, which analyses how the media are reporting disability in the context of Government spending cuts, reveals a major shift in how disabled people are portrayed, and the negative impact that that is having, both on public attitudes and on disabled people themselves. The research found a fall in media coverage that described disabled people in sympathetic and deserving terms, and an increase in the number of articles focusing on disability benefit fraud. Researchers observed an increase in articles portraying disabled people as a “burden” on the economy, with some articles even blaming the recession on incapacity benefits claimants.

Harassment and attacks exist and flourish in that context of hostility—a context, it has to be said, to which politicians are helping to contribute. I hope that the Minister will acknowledge the derogatory and damaging language that has surrounded too much of the debate about welfare reform, and will give her commitment that there is a determination across Government to stamp out any negative portrayal of disabled people.

Although attitudes and language are important, campaigners have rightly identified the need for a much wider, whole-system change. That requires that public bodies and the professionals who work in them treat all manifestations of disability-related harassment and hate crime with the utmost seriousness. Too often, victims fail to report harassment and attacks, because they are unsure to whom they should report them, or because they feel that they will not be believed. Too often, when attacks are reported, the response of the professionals is to focus on the behaviour of the victim and how that should change. In other words, they focus on how victims should curtail their lives to avoid finding themselves in a situation in which they continue to experience harassment. That cannot be right. The priority must be to focus on the behaviour of the perpetrators, to challenge behaviour that is unacceptable, to deal appropriately with criminal behaviour and to take all necessary steps to prevent it occurring.

[Mark Durkan (Foyle) (SDLP)]

I congratulate the hon. Lady on securing this debate. She has just made the point about people being subjected to patterns of harassment. Is she hearing from police officers that they are increasingly conscious that, when younger officers or officers who are new to an area produce a report and check the books, they find that that report is the latest in a series of reports about harassment being suffered by a particular individual? It is almost because a report forms part of a pattern that the police are inclined to say, “There is nothing we can do about it”, because nothing has happened about the previous reports. The police fail to appreciate the cumulative impact of this sort of antisocial behaviour and constant harassment. Such behaviour and harassment should be a call to action rather than a call to indifference.

[Kate Green]

That is an important point and I am sure that it is one that the police will also take note of. Too often there is an attitude that nothing can be done because the victim is disabled and there is scepticism about what disabled victims say. One shocking case, quoted in Katharine Quarmby’s book “Scapegoat”, was that of a blind woman who had been sexually assaulted, but the response of the police was that it was not possible to proceed with the case because, of course, she had not seen her attacker.

In its report, “Hidden in plain sight”, the EHRC has proposed a number of important measures to help to improve the situation. First, there must be leadership and ownership of the issue across all public bodies. This is not an issue simply for one arm of government. It cuts across central Government Departments, local government, the criminal justice system, the education system, health, housing, care, transport, employment and so on. Therefore, a signal from the Minister today of the seriousness with which the Government regard the issue will be important. However, warm words will not be enough. Disabled people want to know how Ministers will ensure that the issue remains a priority for ministerial attention across Government; what structures exist within Whitehall to focus attention and drive action; what accountability mechanisms will be put in place; how public institutions that fail to take action will be compelled to do so; and how Ministers will work with local government to ensure ownership of the issue at local level.

Secondly, such an approach must be informed and supported by the systematic gathering and monitoring of data that spell out the scale and severity of the problem, and by analysis of that data to support and direct policy makers’ attention to where action is needed. We know that there is significant under-reporting of harassment and abuse of disabled people, and there is a need to improve the recording and reporting of disability hate crime.

Radar has responded to that problem through its “Stop Disability Hate Crime” project, which is working with disabled people’s organisations and the authorities to develop a national independent disability hate crime reporting centre, which will provide minimum standards for other such centres, and raise awareness of disability hate crime and incidents and how to report them. The project also maps the disability hate crime third-party reporting sites that already exist or are being established. Also, a survey has been undertaken to find out why disabled people do not want to report disability hate crime and what would make them more confident to do so.

The Radar project is an important initiative and I hope that the Government will look carefully at the lessons that emerge from it, and at ways of strengthening the capacity of third-party hate crime reporting centres as a valuable way of increasing the incidence of reporting. Of course, it will be important that such centres follow minimum standards, but I know that all right hon. and hon. Members will welcome Radar’s work in that area and look forward to its report, which is due to be published early next year.

Thirdly, practice at the front line is, of course, vital to ensure that action is taken swiftly to respond to and prevent harassment or criminal attacks on disabled people. That requires the engagement, attention and effort of a range of public institutions. Crucially, those public institutions must work in partnership with each other and with disabled people to develop and to implement the right strategies to tackle disability hate crime. That partnership working can enable early identification of the patterns of behaviour that we have been discussing today, which is essential if problems are not to escalate. Today those patterns are too often missed, or cases are dealt with in isolation. As a result, the response of the authorities can be fragmented, inadequate or too slow.

In its 2009 report on the security of disabled people, the EHRC pointed out that a range of public authorities were not playing any preventive role: housing associations, social care providers, health care providers, the voluntary and community sector and local authorities. Too often, there is an inadequate response to incidents even when they are reported. That must change. Although there has been some progress in the response of the criminal justice agencies, action across the piece is needed and it is in that context that the Government’s action plan will be so important.

--- Later in debate ---

[Mr Tom Clarke (Coatbridge, Chryston and Bellshill) (Lab)]

It is a pleasure to speak under your chairmanship, Mr Gray, and to follow the hon. Member for Blackpool North and Cleveleys (Paul Maynard), who always speaks in an informed way. Today was no exception. I join him in congratulating my hon. Friend the Member for Stretford and Urmston (Kate Green) on obtaining the debate at an important time, and on her excellent speech. I hope that she will forgive me if I re-emphasise some of her points, each of which was well made.

Disability hate crime is a big issue, affecting about 60% of all disabled people in the UK. Within that number, people with learning disabilities are hugely affected: according to Mencap, nine out of 10 say that they have been bullied, harassed or harmed because of their impairment. I should declare that I am the joint chair, with Lord Rix, of the all-party parliamentary group on learning disability.

The recent Equality and Human Rights Commission report “Hidden in plain sight” suggested that disability harassment is so common that many have come to accept it as part of their everyday lives. The report also found that numerous agencies, including the police, the courts, the Crown Prosecution Service and local authorities, have failed to recognise disability hate crime and respond effectively when it happens.

Mencap’s “Stand by me” campaign aims to rectify the issue by encouraging police forces to give greater attention to disability hate crimes and promoting the need for Government to do more to achieve improvement. In June this year, I had the privilege of hosting a reception. I was delighted that the Minister was there, as I am always delighted when she is present. I hope that my right hon. Friend the Member for Stirling (Mrs McGuire), whom I am delighted to see back in a post to which she is eminently suited, feels equally welcome.

The Government committed to publishing a hate crime action plan, but there is no evidence of it yet, although it is essential if we are to achieve strategic direction and a co-ordinated approach to tackling hate crimes, such as those aggravated by disability. Sentencing is a key issue that has been raised. Recently, the Government announced their intention to equalise minimum sentences for murders aggravated by disability as part of schedule 21 to the Criminal Justice Act 2003. I welcome that strongly, of course, but it does not mean the end of the issue. Murder is just one part of a huge spectrum of abuse suffered by disabled people, and provision should be made to safeguard all disabled people who suffer any sort of disability hate crime.

Types of hate crime vary substantially, as we have heard. Murder and physical abuse are the most hard-hitting and widely publicised. However, name-calling and general harassment build up over time and can cause long-lasting psychological damage to the victim, as was seen in the case of Fiona Pilkington, who, sadly, killed her learning-disabled daughter and herself after years of abuse. Another, relatively recent phenomenon, referred to by the hon. Member for Blackpool North and Cleveleys, is mate crime, in which perpetrators falsely befriend disabled people and exploit them financially, physically or sexually. Sentencing for disability hate crime should be comprehensive enough to safeguard against all those forms of crime.

The Government have also announced that they will reform section 146 of the 2003 Act, which imposes sentence uplifts for crimes aggravated by protected characteristics such as disability. Section 146 is widely unenforced: only 1,200 cases of disability hate crime have been prosecuted, compared with 48,400 racist and religious hate crimes. However, the Ministry of Justice has said that the Act will be updated so that where any offence is shown to be motivated by hostility towards the victim on the grounds of transgender, race, religion, sexual orientation or disability, sentences must be more severe. The implication is that the law will be strengthened so that courts “must” impose a sentence uplift, thus removing their discretionary power. Will the Minister clarify the situation? I would welcome that.

Another issue that must be addressed is the power of the Attorney-General to review sentences deemed unduly lenient. That power does not extend to sentences for disability-motivated offences, which creates an inconsistent picture in the legislation on disability hate crime. There is a possible implication that disability hate crime is not as much of a priority as other strands of hate crime such as race or religion, important though those are. Disability hate crime must be recognised as an equal issue across all forms of sentencing.

[Mark Durkan]

My right hon. Friend rightly highlights the fact that the Attorney-General can review lenient sentences for racial or religiously aggravated attacks, even where the offence is relatively minor, but the law insists that disability-aggravated crime may be reviewed only if it is most serious. Does that not essentially put the law and the Attorney-General in the Sepp Blatter position of saying, “Yes, it’s wrong, but it’s not really serious; it’s unacceptable, but it’s somehow understandable.”?

[Mr Clarke]

My hon. Friend’s point is salient and I am sure that we all take it on board. It is essential that the issues under discussion are dealt with as part of the Legal Aid, Sentencing and Punishment of Offenders Bill; otherwise, the opportunity for disability hate crime to achieve the type of parity for which we are calling will pass.

What needs to happen? I acknowledge the Home Office directive on collecting figures on disability hate crime. That could achieve a better understanding of the national picture, taking in every part of the United Kingdom. However, more needs to be done to be proactive, even beyond that.

Police forces need better to understand disability, including learning disability, so that they can effectively support victims of disability hate crime. That includes flagging up repeat cases of disabled people being victims of abuse. Mencap’s police promise initiative, for example, encourages police forces to sign up to a list of pledges to show their commitment to tackling disability hate crime.

Courts and the criminal justice sector should employ special measures, as per the Equality and Human Rights Commission’s recommendations in the “Hidden in plain sight” report, better to accommodate disabled people. That includes effective support for witnesses, which can be crucial in so many cases.

It is also hugely important to tackle wider public attitudes about disabled people, as hon. Members have mentioned. There is a lot in the media about people being “benefit scroungers”, and disabled people are often deemed guilty by association, which breeds contempt among the public, some of whom perceive disabled people to be cheating the system to ensure that they get state handouts. That is wrong and unacceptable.

I again welcome the debate and congratulate my hon. Friend the Member for Stretford and Urmston on securing it. I strongly believe that we should face the issues and problems of sentencing and respond accordingly, and her debate today has given us a wonderful opportunity to focus on that.

--- Later in debate ---

[Mr Buckland]

I am grateful to the hon. Gentleman for dealing with a point that I was about to address and that has been alluded to by other Members. The focus needs to be shifted away from always analysing a case’s evidence by looking at the victim, and towards the wrongdoing and what the offender has done. That welcome shift of emphasis was displayed in guidance issued by the Crown Prosecution Service to prosecutors in England and Wales in March 2010. It is similar to the shift in focus that occurred some years ago in relation to domestic violence. People used to ask of the victim, “Why did she stay with him?”, instead of focusing on the behaviour of the perpetrator, which, I am glad to say, is what is now happening in cases of domestic abuse. The same must happen in relation to disability.

The danger we face in focusing on the victim and their behaviour is that in assuming that all disabled people are vulnerable just because of their disability, we start asking dangerous questions, such as, “Why don’t they avoid these situations? Why do disabled people put themselves in that position in the first place?” By asking those dangerous questions, we are at risk of driving disabled people back into their homes and into institutions, and away from mainstream society. That is wrong and I hope that today’s debate will give a clear message to the Government that we must avoid it. We are in danger of being as bad as the people in ages past who used to apply the dunce’s cap to disabled people in the classroom.

Such attitudes lead to other dangerous assumptions, such as that of some involved in the criminal justice system that disabled people are somehow unreliable or incredible witnesses, simply because of their disability. That is another dangerous and fatal assumption, which, I am afraid, has played far too great a part in the criminal justice system and has prejudiced and stopped cases involving disabled people. It has ended in miscarriages of justice involving disabled people.

I have mentioned the guidance, which was welcome. It followed a speech made by Lord Macdonald when he was Director of Public Prosecutions, which I think helped to clarify the CPS’s position and its understanding of disability. I welcomed his comments about the concept of hate. We have to be careful when using the word “hate”; we must make clear what it covers. The danger with the word is that hate is an extreme concept, so we think that there cannot be many people in our society capable of it. The definition, however, is a wider one, and includes hostility or prejudice. What does that mean? There are other words for hostility, such as unfriendliness, antagonism, meanness and sheer ignorance. That is particularly important when we consider that many acts are perpetrated over a long period. We have heard about many sad cases, both today and elsewhere, that involve the victims of a crime finally suffering the last straw that broke the camel’s back. It is important to remember that “hate” has a wide definition and involves a whole section of attitudes that I believe are bred from ignorance and sheer lack of understanding of the needs of disabled people. That leads to offences that take place on many levels; low-level offences can cause so much misery to the lives of disabled people.

We have been rightly reminded of the provisions of section 146 of the 2003 Act. To be fair to the drafters of that welcome provision, it says that the court “must” treat the fact that the offence was committed in an aggravating way when the offender, immediately at the time of the offence, or before or after it, demonstrated hostility based on the disability or presumed disability of the victim. The provisions are there; they are mandatory. The problem is with the previous stage, because there must be evidence of hostility beforehand, which is where the work of prosecutors becomes extremely important.

The guidelines include a welcome set of considerations that all prosecutors should consider when reviewing cases involving disability. They are the sort of factors that we have discussed today, such as previous incidents involving the victim and the offender. Are the incidents escalating in severity or frequency? Is the targeting becoming systematic and regular, rather than opportunistic offending? On the status of the offender, we have heard about so-called “friends” who befriend people and then manipulate the circumstances. A lot of proper questions are being asked in the guidelines. The key now is to ensure that in every case, those considerations are applied, looked at and checked in each case file.

Key actions could be taken now to help both prosecutors and sentencers. For example, section 146 should be flagged up as a consideration in every case file, so that when prosecutors assess and prepare the evidence, any sentencer is aware of it. In open court, the prosecuting solicitor or barrister should remind the court of their powers under section 146. Such nuts-and-bolts practical measures could see the sort of increase in the use of section 146 that was rightly referred to by the right hon. Member for Coatbridge, Chryston and Bellshill (Mr Clarke), and which we all want to happen.

Court practitioners and judges need more training on disability issues, most notably the use of section 146. The key point that I found, depressingly, time and time again is that the equation between disability and reliability has to be broken. We have to break that link in the hearts and minds of those involved in the system.

[Mark Durkan]

In respect of the whole question of sentence uplifts, the ECHR report stated that sentence uplifts have never been applied to any prosecution of rape or sexual assault where the victim was a disabled person. Is the point about the question of unreliability of people as witnesses, which the hon. Gentleman has just made, a factor in that?

[Mr Buckland]

I am grateful to the hon. Gentleman. I will address his point directly. There is no doubt in my mind that prosecutors who face a case where the victim has disabilities feel that somehow the prosecution will be an uphill struggle. Far too often, the use of special measures is not considered as much as it should be. For example, in a case that I was involved in, a person with a moderate learning disability was the victim of a rape. Through the help of an intermediary, the person was able to give evidence through a video link and a conviction was secured. The intermediary was a speech and language therapist. She was not only able to give confidence to the victim, but was there to assist the court if there was any ambiguity or lack of clarity to the jury in what the victim was saying. It was a most encouraging exercise, not only in achieving a fair result, but in making sure that the voice of that person was heard.

The role of intermediaries should be expanded and encouraged, not viewed as an unusual event in our courts. I think that there was an instinctive suspicion among practitioners that somehow the use of an intermediary would dilute the victim’s evidence, or would in some way interfere with the process of giving evidence. Those concerns are unfounded. People should think of intermediaries as officers who help the court, rather than people who somehow manipulate or interfere with the evidence. That is not my experience, nor that of many other people who have successfully used intermediaries. To put it bluntly, if the intermediary had not been there to assist the witness in that very serious offence of rape, I do not believe that we would have secured a conviction. I am grateful to the hon. Gentleman for raising that point.

It has already been said that in the past four years, despite the fact that there are 10 million disabled people in the UK, only 1,200 cases of hate crime have been prosecuted. On the basis of a recent Scope survey, conducted in May 2011, that is an incredibly low figure. The survey revealed that almost 60% of disabled people had experienced hostility, aggression or violence due to their impairment, and that half of disabled people said that they experience hostility on at least a weekly basis. Almost 40% of disabled people said that hostility had got worse in the past year. If we extrapolate those figures, we see that millions of people are suffering in silence or, when their voice is heard, that the situation is not being effectively dealt with by the authorities.

We have come a long way since society wished to institutionalise disabled people and wholly shut them out from the mainstream, but we still have a long way to go to ensure that when disabled people, rightly, access mainstream life, they do not become vulnerable because of the circumstances in which they put themselves. We must all, as a society, stop asking these dangerous questions: why do they come out into the mainstream and why do they put themselves in those positions? Let us focus on the offender. Let us focus on the offending. With that approach, we can achieve real results in the field of disability hate crime.