Is moving the victim really the solution to dealing with Hate Crime in Communities? - blog by Gill Edgar, Independent Advocate

The definition of a Hate Crime is very clear, as agreed between the Crown Prosecution Service and the Police, and it is as follows:

"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; religion or perceived religion; sexual orientation or perceived sexual orientation; or transgender identity or perceived transgender identity."

Advocates who support people being targeted by Hate Crime are frequently challenged by other professionals who will often class what the person being supported is experiencing as anything but a Hate Crime.

The next challenge that the people we support face in relation to Hate Crime is that, quite often, they have not been subjected to just one isolated incident - their experience is of an ongoing pattern of abusive behaviour directed at them due to a protected characteristic they hold. They are in what is known as a Hate Relationship, as identified in research carried out by Durham University.

One of the really challenging aspects of being a victim of Hate Crime, or being trapped in a Hate Relationship, is that the onus often seems to be on the person experiencing the Hate Crime to provide the evidence that it is happening, and that it is indeed a Hate Crime or a Hate Relationship. They are often asked to keep diaries, or to provide CCTV footage or other recordings of the behaviour towards them. 

This is not easy for many people, as accessing the technology alone can be prohibitively costly. There is also legislation regarding how CCTV and Ring doorbells (for example) can be used, and how they need to be set up, and so on. Failure to understand and comply with the guidance can lead to legal issues for the victim, and potentially even complaints being made against them by the perpetrator in relation to their rights. Evidence-gathering can also put the person at further risk from their tormentors.

Sanctions can be applied to perpetrators of Hate Crime - it is, after all, a criminal offence that breaches both the law and tenancy agreements. The behaviours that the perpetrators engage in are often offences in their own right, too, including verbal abuse, harassment, intimidation, damage to property, noise nuisance, threats of and/or actual violence.

It sometimes seems to take a long time for the behaviours to be identified as breaking the law, let alone for them to be categorised as Hate Crime and the appropriate action taken. Anecdotally, we have noticed that when supporting people who are subjected to Hate Crime, a lack of robust action to tackle it in the early stages can often embolden the perpetrator and unfortunately their behaviour can escalate.

In some of the cases that we have supported, when the services involved finally recognise that they are dealing with a situation that is putting someone at risk, the solution offered to the victim/s is that they are moved. For some people, that is the solution that works for them, as having been subjected to the abuse that typifies Hate Crime, they just want to leave.

However, some of the people we support are very reluctant to take this option, for the simple reason that, if you take the Hate Crime out of the equation, that person or family is living exactly where they want to be. Their home is perfect for them if they are not living in fear of other people's behaviour.

Sometimes these are homes that have been adapted to meet physical health needs, and there is a worry that, if they walk away from this home, they will not be able to have another home adapted for them in the same way, or they may have a long wait for it. Sometimes it is simply the fact that they have lived in this home for a long time - they are settled, they know the area, and they don't want to uproot themselves to somewhere unfamiliar.

It is no secret that the demand for social housing current outstrips supply, and that there are significant waiting lists. Realistically, how long will victims have to wait, and what will happen to them while they are waiting? There may also be concerns about what they will be offered in terms of housing - if it is an urgent move due to concerns about their safety, will they have a say in where they move to or what their next home is like, or will they just be expected to accept what they are offered?

There are also, of course, the costs involved in moving - if a victim of Hate Crime agrees to be moved, they still have to fund the cost of the moving process themselves. Some people simply can't afford to do this. It seems an unjust solution to treat the victim as the problem and attempt to move them, particularly as a refusal to move is often taken by housing professionals and the police as a sign that the situation the victim is complaining about is not as bad as they are claiming it is.

I would also suggest that moving the victim/s does not necessarily address the perpetrator's behaviour. Unless the next person who moves into that now vacated home is deemed acceptable by the perpetrator, is there not a chance that a new victim has been found, or that they move onto someone else in the community who they also deem to be unacceptable, and the behaviour will start again?

For more information about our Hate Crime Advocacy Service and work on Hate Relationships, please visit our Hate Crime Advocacy page. You can also find out more about the Hate ID App - a tool for practitioners to support them to identify where people are experiencing Hate Crime, or are in a Hate Relationship, and direct them to appropriate support in their area.