Hate Crime Policy

Introduction

A hate crime is a criminal offence; A hate crime is defined 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 or perceived disability; race or perceived race; or religion or perceived religion; or sexual orientation or perceived sexual orientation or transgender identity or perceived transgender identity."

It can be against an individual or their property.

Hate incident is a non-crime incident but can feel like a crime to those who suffer from an incident like this. Just as a hate crime, it is an incident which is perceived by the victim or anyone else, to be motivated by a hostility or prejudice towards someone for the same reasons as a hate crime.

Hate Crime is defined as any hate incident which constitutes a criminal offence, perceived by the victim or any other person, as being motivated by prejudice, hostility or hate towards a person’s race or/and religion, belief, gender, transgender, disability, age, or sexual orientation. (Association of Chief Police Officers).

Examples of hate crimes or incidents

Someone can be a victim of more than one type of hate crime; they include:

  • A physical attack like hitting and assault
  • Verbal abuse or insults including name calling or offensive jokes
  • Offensive graffiti
  • Spitting, insulting gestures
  • Neighbourhood disputes
  • Threats, harassment or intimidation
  • Unfounded malicious complaints
  • Individuals doing things that frighten, intimidate or distress
  • Offensive letters, posters, emails, texts, phone calls, social media messages, photographs and videos
  • Damage to property or belongings, arson and vandalism
  • Dumping rubbish outside homes or through letter boxes
  • Bullying at work, by a work colleague or customer
  • Befriending vulnerable people to take advantage of, exploit and or abuse them; this is often referred to as ‘mate crime’

Policy Statement

This policy applies to customers of all tenures living in a home owned or managed by mhs homes group or Heart of Medway, including general needs, sheltered housing, shared homeowners, leaseholders  and market rent. It also applies to customers in leasehold and shared ownership properties. If necessary, mhs homes group may take legal action under the terms of the lease and other relevant legislation available to us. Customers are responsible for the actions of their occupants and invited visitors. It should also be noted that it does not have to both victim and perpetrator that are mhs customers.

This policy also extends to any employee or other person, group or organisation employed or commissioned by mhs homes group to deliver services or carry out work on its behalf.

Hate Crime against customers by neighbours or other third party will be investigated by a member of the Landlord Services team who will make contact withing 2 working days.

If the property of complainant has been a target of vandalism of graffiti we will deal with this as a matter of urgency. Our target to remove personal graffiti is 24 hours.

Purpose

mhs homes group is committed to reducing hate crime and incidents and will work with our colleagues, those acting on our behalf, individual residents and or group of residents (customers and communities) to tackle hate crime and incidents.

This policy will provide support and direction as to the action to take if someone affected by hate crime or an incident. Unless stated otherwise, we will use the term hate crime to incorporate hate crime and incidents though they are different and will be detailed separately in this policy. It will also outline the responsibilities of individuals and or groups and the process to adhere to when it is considered necessary to report hate crime or an incident, including when a report of hate crime or incident is reported to them

mhs homes group recognise that hate crime can have a significant negative impact on our colleagues, customers and communities. We take hate crime seriously and aim to balance enforcement action and intervention, with prevention.

The term ‘we’ and ‘our’ relates to all concerned unless otherwise stated.

mhs homes group will adopt a supportive approach when dealing with victims, witnesses and alleged perpetrators, and will be flexible in our approach to managing incidents, working in partnership with both internal and external partners to tackle it. We all have a duty to keep our community and workplace safe and unless we know what is happening we can’t do anything about it. Reporting, even if you are not too sure if what has taken place is a hate crime or incident, it does make a difference and you can stop it happening to someone else.

mhs homes group recognises and accepts its role as a responsible landlord and employer to tackle and prevent hate crime but we also recognise that colleagues, residents and other agencies also share this responsibility, and it will not always be appropriate for mhs homes to lead but will make sure that support is available to individuals who are victims of hate crimes and incidents.

There is no place in mhs homes group for these forms of prejudice and hate and we will do all we can with our partners to tackle this.

We will:

  • Work with partner agencies to raise the profile of hate crime in the local community
  • Work with Kent Police and the Office of the Police and Crime Commissioner to respond to hate crime and incidents and community tensions
  • Promote third party reporting services
  • Work with community organisations on tackling hate crime
  • Develop an on-line hate crime awareness training module for all our employees and customers of mhs homes
  • Proactively work to improve understanding of diverse needs and make a positive contribution to neighbourhoods and communities

Links to other policies and legislation

This policy should be read in conjunction with following mhs homes policies:

  • Whistle Blowing
  • Equality, Diversity, and Inclusion
  • Dignity at Work
  • Anti-Social Behaviour & Harassment 
  • Safeguarding
  • Complaints, and
  • Managing Unreasonable Complainant Behaviour

This policy will be monitored and reviewed every three years or earlier if necessary or required by legislation, new significant guidance or in response to specific incidents.

Scope

Everyone has the right to live without fear and harassment and so it is really important that you report a hate crime or incident whether you have been a victim, a witness or you are reporting on behalf of someone else, for example a friend, family member or for one of your employees at work.

Hate Crime complaints are treated very seriously no matter who the victim is. The behaviour reported may be considered a crime in law and we will take appropriate action.

mhs homes group will support anyone who raises concerns in good faith under this policy; even if investigation finds that they were mistaken. We will ensure that no one suffers any detrimental treatment as a result of reporting a concern relating to potential act(s) of hate crime or incidents. Detrimental treatment refers to dismissal, disciplinary action, or unfavourable treatment in relation to the concern the individual has raised. Further details may found in the mhs homes whistleblowing policy to which you should refer.

Reports of a Hate Crime or Incident can be reported or experienced by any of the following and all will be investigated:

Legal and Regulatory Overview

The ethos and standards covered by this policy can only be achieved and maintained if everyone in our workforce cooperates fully. It is important to understand that you have a legal responsibility to comply.

Legislation; the overarching legislation is the Equality Act 2010; however, the following provisions would be enacted where it is identified a hate crime or incident has taken place:

  • Crime and Disorder Act 1998 
  • Public Order Act 1986
  • Criminal Justice Act 2003
  • Malicious Communications Act 1988
  • Housing Acts1985, 1988 and 1996
  • Anti-Social Behaviour Crime & Policing Act 2014
  • Homes and Community Standards
  • Anti-terrorism Crime and Security Act 2001
  • Human Rights Act 1998

Where it is identified an employee of mhs homes has taken part in a hate crime or incident, they may be found to be in breach of the company policies; formal action will be taken

Protected characteristics are specific aspects of a person's identity defined by the Equality Act 2010. The protection relates to ‘protection from discrimination’.

The following are the protected aspects of a persons’ identity:

  • Race or ethnic origin
  • Religion or belief including lack of belief or religion
  • Sexual orientation
  • Transgender identity
  • Disability

Roles and Responsibilities

Everyone has the right to live without fear and harassment and so it is really important that you report a hate crime or incident whether you have been a victim, a witness or you are reporting on behalf of someone else, for example a friend, family member or for one of your employees at work.

We will support anyone who raises concerns in good faith under this policy; even if investigation finds that they were mistaken.

Hate Crime against customers by neighbours or other third party will be investigated by a member of the Landlord Services team who will make contact withing 2 working days.

If the property of complainant has been a target of vandalism of graffiti we will deal with this as a matter of urgency. Our target to remove personal graffiti is 24 hours.

Hate Crime by an employee of mhs homes against a customer or a colleague will be investigated by their manager and a member of Human Resources. And any report of an incident should be reported by the close of business of the same day.

Policy Detail

This policy applies to customers of all tenures living in a home owned or managed by mhs homes.

It is also intended to apply to actions by and actions towards mhs staff members.

mhs homes wants to make sure that no person receives less favourable treatment from the organisation on the grounds of age, disability, gender reassignment, marriage, civil partnership, pregnancy, religion or belief, race, sex or sexual orientation.

Stakeholder Insights and Engagement

Collective, multi-agency working is critical to resolving reports of Hate Crime. We will actively work with multiple agencies but not limited to, Police, Local Authorities, Health, Probation, the Youth Offending Service, Social Services, Education, Fire Brigades and other social housing providers, dependant on the report.

mhs homes are committed to taking effective action and using the powers available to us, where we consider they can provide effective remedy. But we recognise that residents and other agencies share this responsibility and it will not always be appropriate for mhs homes to lead.

Principles

Equality statement

mhs homes has a duty to ensure that no person receives less favourable treatment from the organisation on the grounds of age, disability, gender reassignment, marriage, civil partnership, pregnancy, religion or belief, race, sex or sexual orientation.

Data protection

mhs homes will only share information that meets the requirements of the Data Protection Act 2018.  Confidentiality and impartiality will be exercised by mhs homes at all times.

Feedback

We welcome suggestions and comments from people who use or provide our services. We believe that this can provide some important lessons to help us ensure that the service is improved for everyone.

If you have something to say about this policy or the information that is provided, then please let us know. Please refer any comments to the author of this document.

Appendix 1 - Process

Customer experiences hate crime or incidents from neighbours or other third parties:

If you are a customers of mhs homes, experiencing hate crime or incidents, witness or suspect these activities are taking place, you are encouraged to raise your concerns at as early stage as possible through either of the following methods:

  • Make the complaint using My Account 
  • Email – contactus@mhs.org.uk
  • By letter - mhs homes, Broadside, Leviathan Way, Chatham, Kent, ME4 4LL
  • By telephone to our Customer Team on 01634 565333 (Our lines are open Mon - Fri 8am - 5pm)
  • Outside of these hours you might want to use one of our other contact methods

Where you consider you are at risk, believe you or someone else is in immediate danger you need to call the Police on 999, or via the alternative methods detailed under section eight (8); inform mhs homes, as detailed above, as soon as possible afterwards.

If the property where the complainant lives has been a target of vandalism or personal graffiti we will deal with this as a matter of urgency. Our target for removing personal graffiti is 24 hours.

All reports will be treated in the strictest confidence and the identity of the complainant will not be revealed without their consent. All reports will be taken seriously, fully investigated and the complainant will be involved in agreeing actions to be taken.

All criminal activity must also be reported to the police, however;

We know that not everyone wants or is able to report hate crimes and incidents directly to the Police. So you can report them to an independent organisation Stop Hate UK telephone 0800 138 1625.

They offer a free 24 hour phone service and a video relay service for Deaf people or New Generation Text Relay on 18001 0800 138 1625. They also offer a service for reporting online at talk@stophateuk.org as well as by text on 07717 989 025, web forum or post. Stop Hate UK is totally independent of the Police and will not pass on your details without your explicit consent. If you wish, Stop Hate UK will report the incident to the Police on your behalf.

By an employee of mhs homes against a customer:

Where you witness an employee conducting a hate crime or an incident against a customer, or other person, or suspect these activities are taking place, you are encouraged to raise your concerns at as early a stage as possible. You are to make a report to their manager and HR, preferably by email, by close of business of the same day.

Similarly, where a customer makes a direct complaint to you that another mhs homes employee has committed an alleged hate crime or incident you will need to report the issue to their manager and HR, preferable by email, by close of business of the same day.

However you should inform the customer of the following procedure and provide assistance where required; the customer should:

  • Make the complaint using My Account 
  • Email – contactus@mhs.org.uk
  • By letter
  • Mhs homes, Broadside, Leviathan Way, Chatham, Kent, ME4 4LL
  • By telephone to our Customer Team
  • On 01634 565333 (Our lines are open Mon - Fri 8am - 5pm)
  • Outside of these hours you might want to use one of our other contact methods

All criminal activity must also be reported to the police.

Between or by an employee of mhs homes towards a colleague:

As an employee of mhs homes, you must ensure that you read, understand, and comply with the information contained within this policy, and with any training you are given. We expect you to take personal responsibility for adhering to this policy’s aims and commitments and for drawing any actual or potential breaches to our attention.

If you are concerned about the way a colleague is being treated, the best approach may be for you to challenge the behaviour – but do not do so if you are anxious about your own safety. If you do not want to challenge the behaviour yourself, or you have tried doing so but it has not worked, you should speak to your manager or HR for further guidance.

If you are a victim of hate crime or incident from a work colleague, you are encouraged to raise your concerns at as early a stage as possible. You are to make a report to your manager and HR, preferably by email, by close of business of the same If you’re uncertain about whether a certain action or behaviour can be considered a hate crime or incident, you should speak to your line manager or a member of the HR team for further guidance.

By a customer against an employee of mhs homes:

It is unacceptable for a customer to reject the provision/delivery of a service on the basis of an employee’s race, colour, nationality, ethnic/national origin, disability, gender, sexuality, or gender identity.

mhs homes do not condone this behaviour and will not allow it.

Any hate crime or incident whether in person, by telephone (including text messaging), by post or letter (including e-mail), should be reported by the victim or the victims to their line manager and reported to the Police if requested.

Customers using inappropriate behaviour towards an employee of mhs homes will be informed (where possible) that the incident has been reported to the Police.

The customer will also be made aware that services will be withheld should they continue to behave in this manner or any other inappropriate way. If this behaviour continues the customer will be notified, if we need to, we’ll use the legal options available to us as detailed below.

Receiving a Report

From a Customer:

The complainant will be contacted within 2 working days by a member of the Landlord Services team to discuss the complaint, take details or arrange an appointment.

When we receive your complaint one of our colleagues will manage your case; they may ask you to keep a diary to evidence any ongoing incidents. They will contact the suspected offender within five days unless instructed differently by the authorities.

Where safeguarding concerns exist, a report should be made to the local Council’s Safeguarding team and the Police. If there are no safeguarding concerns and the incident or crime needs reporting to the Police, you must obtain the consent of the victim before proceeding further.

Where the customer wants to take further action, they should receive a copy of the report made. We will work in partnership with the Police, Local Authorities, and support organisations to investigate and resolve incidents of hate crime. We will share information and use the early intervention tools available to us.

Our focus is to work with the suspected offender/offender and complainants to resolve the situation. However, if we need to, we’ll use the legal options available to us, this can include:

  • Acceptable Behaviour Agreements (ABA)
  • Injunctions
  • Notices of seeking possession
  • Evictions
  • Absolute ground for possession, and where necessary
  • Criminal prosecution

We will work in partnership with the Police and Local Authority, share information and use the early intervention tools available to us.

Our aim is to resolve instances of hate crime rather than remove a complainant from the situation. However, if appropriate we will advise and support a complainant in finding temporary accommodation if required and will also consider rehousing if this is considered necessary using our Social Priority process. This will be assessed by the Assistant Director of Customer Services on an individual basis, and if agreed, the complainant will be offered like for like accommodation.

We will support witness to attend court.

We will take action to evict a perpetrator where it is reasonable and proportionate to do so and the evidence is sufficient and robust enough for a successful possession action.

Customers can implement the Community Trigger with the Local Authority if they consider their complaint has not been responded to. This gives the victim the ability to demand action, starting with a review of their case.

We will only share information that meets the requirements of the GDPR Data Protection Act 2018. Confidentiality and impartiality will be exercised by mhs homes at all times.

If the customer declines to take the matter any further or consent to reporting the incident to the Police, a record should be made of their decision and placed on file.

Where it is considered the complainant is acting unreasonable, action will be taken in line with the Managing Unreasonable Complainant Behaviour Policy.

From an Employee:

On receipt of a complaint or a report of suspected hate crime or incident, the complainant and or victim will be contacted within 2 working days by their line manager or a member of the HR team. A full and comprehensive investigation will be undertaken.

Any mhs homes employee taking part in any of the following behaviours will lead to action under the mhs homes disciplinary policy, and potentially dismissal for misconduct or gross misconduct:

  • Harassing, bullying or victimisation due a persons protected characteristic whether or not it is considered a hate crime or incident
  • Threatening anyone who raises a harassment or bullying complaint
  • Retaliating against anyone who raises a harassment or bullying complaint

For further information colleagues are encouraged to refer to the mhs homes Equal Opportunity, Diversity and Inclusion policy, Dignity at Work policy, Harassment and Bullying policy and Whistleblowing policy.  If you consider the matter has not been dealt with appropriately, please refer to the mhs homes Grievance policy for further   information.

We have a duty to protect all employees, workers etc. That means that if you change your mind after having raised a complaint (even where you complained informally or in confidence), we may choose to undertake an investigation. We will always talk to you about that first and take your views into account. 

Where the complaint is due to the receipt of a complaint against you from a mhs homes customer, this may result in you being placed on suspension or placed in a non-customer facing role subject to the outcome of the investigation.

Where there has been a hate crime or incident report made by the employee against a customer, a full investigation will be undertaken and where necessary appropriate action taken. We will take effective, appropriate, and proportionate action to tackle hate crime, using a full range of interventions and if necessary, the use of the legal framework available to us.

Emergency reporting:

Police:

In an emergency, if you need to report a crime that is in progress or someone is in immediate danger you need to call the Police on 999.

For non-emergencies or to report a hate crime call the Police central number on 101 or make a report online.

 

Approved by Leadership Team
Date approved  
Implementation date  
Review date  
Author Claire Morris, Customer Team Manager