Detective Superintendent Lee J. Catling

1
Detective Superintendent Lee J.
Catling Homophobic Hate Crime (Bullying)
2
Kent Police Framework
Diversity Fairness Strategy Board
Force Consultation Groups IAG GLBT Ethnic/Minorit
y Group Disability
Diversity Fairness Delivery Group
Gender Action Group
Consultation Engagement Action Group
Religion Belief Action Group
Lesbian, Gay Bisexual Action Group
Minority Ethnic Action Group
Fairness Action Group
Gypsy Traveller Action Group
Immigration Asylum Action Group
Disability Action Group
Hate Crime Incident Action Group
3
Whats Wrong?

• Homophobic Bullying is endemic in British
  Schools
• Four in five secondary school teachers say they
  are aware of verbal homophobic bullying
• One in four secondary teachers is aware of
  physical homophobic bullying
• Just 6 of British schools have fully inclusive
  anti-bullying policies which address homophobic
  bullying

4
What Impact Does This Have on Students Education?

• Lesbian and gay pupils are more likely to leave
  school at 16 despite achieving marks that merit
  continuing with their education
• Two in five say they fear that bullying will
  continue if they stay
• Three in four bullied lesbian and gay young
  people say they feign illness or play truant to
  escape the impact of bullying
• The effects of homophobic bullying are not
  limited to lesbian, gay and bisexual young
  people. An educational culture where homophobic
  bullying exists can effect anyone singled out as
  different. A culture where any sort of bullying
  exists makes schools unsafe for everybody.

5
Bullying Definition

• Working Together to Safeguard Children
• 11.39 Bullying may be defined as deliberately
  hurtful behaviour, usually repeated over a period
  of time, where it is difficult for those bullied
  to defend themselves. It can take many forms,
  but there are three main types
• Physical (e.g. hitting, kicking, theft)
• Verbal (e.g. racist or homophobic remarks,
  threats, name calling)
• Emotional (e.g. isolating an individual from the
  activities and social acceptance of their peer
  group)

6
Working Together to Safeguard Children 11.40
The damage inflicted by bullying can frequently
be underestimated. It can cause considerable
distress to children, to the extent that it
effects their health and development or, at the
extreme, cause them significant harm (including
self harm). All settings in which children are
provided with services or are living away from
home should have in place rigorously enforced
anti-bullying strategies.
7
Bullying Definition
Bullying can include Teasing or name calling,
hitting and kicking, or stealing and damaging
another persons things. Spreading rumours,
ignoring someone, cruel text or email messages,
being picked on because of race, religion,
sexuality, disability or just seeming
different. Being bullied breaks down a persons
self confidence, leaving them feeling alone,
scared and powerless. Schools can be seen as
places to fear rather than places to enjoy
8
The current scourge cyber bullying

• MSN Messenger
• Text
• YouTube.com
• bebo.com
• Myspace.co.uk
• Buses
• Trains

9
Bullying Definition
Another definition
Crime!
10
Hate Crime Incidents
A Hate Incident is defined as Any incident,
which may or may not constitute a criminal
offence, which is perceived by the victim or any
other person, as being motivated by prejudice or
hate. A 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 or hate.
11
Types of Crime

• Protection from Harassment Act 1997 2 years
• Public Order Act 1986 10 years
• Offences Against the Person Act 1861 Life
• Malicious Communications Act 1988 5 years
• Communications Act 2003 5 years
• Obscene Publications Act 1959 1964 2 years
• Criminal Damage Act 1971 10 years
• Section 146 Criminal Justice Act 2003 requires
  the court to consider disability or sexual
  orientation hostility as an aggravating factor
  when deciding on the sentence for any offence

12
Malicious Communications Act 1988 Section 1
This legislation makes it a criminal offence to
send an electronic message (e-mail) that conveys
indecent, grossly offensive, threatening material
or information that is falseor is of an indecent
or grossly offensive nature if the purpose was to
cause a recipient to suffer distress or anxiety.
13
Communications Act 2003 Section 127
Sending by means of the Internet a message or
other matter that is grossly offensive or of an
indecent, obscene or menacing character or
sending a false message by means of or
persistently making use of the Internet for the
purpose of causing annoyance, inconvenience or
needless anxiety is guilty of and offence liable,
on conviction, to imprisonment. This wording is
important because an offence is complete as soon
as the message has been sent there is no need
to prove any intent or purpose.
14
Criminal Justice System

• Reprimand
• Final Warning referral to YOT rehabilitation
  programme
• Charge Criminal Court appearance

15
Human Rights Act 1998 Rights Freedoms
The Human Rights Act 1998 came into force on 2nd
October 2000. The HRA 1998 incorporates into UK
law the European Convention for the Protection
of Human Rights and Fundamental Freedoms
(ECHR). These rights can be found in Schedule 1
of the HRA 1998. All Public Authorities must act
in compliance with the convention rights (Section
6 HRA 1998) and all legislation must be
interpreted to comply with them.
16
Human Rights Act 1998 Rights Freedoms

• There are two rights which are of particular
  assistance to a bullied child or young person who
  fails to obtain protection against bullying
• Article 3 of the ECHR states No one shall be
  subjected to torture or to inhumane or degrading
  treatment or punishment
• Article 8 of the ECHR states Everyone has the
  right to respect for his private and family life,
  his home and his correspondence

17
Responsibilities

• The Children Act 2004 and Every Child Matters
  place a duty on all agencies to make arrangements
  to safeguard and promote the welfare of children
  and young people.
• Schools and Further Education Institutions have
  a duty to safeguard and promote the welfare of
  pupils under the Education Act 2002. They should
  create and maintain a safe learning environment
  for children and young people and identify where
  there are child welfare concerns and take action
  to address them in partnership with other
  organisations where appropriate.

18
Not Criminalising Young People
The Debate In dealing with alleged offences
involving a child victim, the police should
normally work in partnership with childrens
social care and/or other agencies. While the
responsibility to instigate a criminal
investigation rests with the police, they should
consider the views expressed by other agencies.
There will be less serious cases where, after
discussion, it is agreed that the best interests
of the child are served by a childrens social
care led intervention rather than a full police
investigation.
19
Consequences
MASLOW
Self Actualisation needs
Self Esteem Needs
Love Belongingness Needs
Safety Needs
Physiological Needs
20
Consequences
Allports Scale
Extermination
Physical Attack
Discrimination
Avoidance
Antilocution
21
Relational conflict vs Bullying
Happens occasionally Repeated, hurtful
behaviour Accidental Deliberate Equal
power Imbalance of power Remorseful No
Remorse Effort to solve problem No effort to
solve problem
22
Conclusion

• Underreporting the real challenge!
• Intelligence understanding the
  problem/benchmarking
• True Vision www.report-it.org
• Kent Homophobic Incident Report Line
• Third Party Reporting how/when/where/who
• Engaging children young people in the solution
• Children's Trust commissioning services for
  children and young people

23
Chief Constables Vision
We will work with partners to create a safe
environment for everyone in Kent, where the
public feel protected by a visible and accessible
police service, displaying a sincere commitment
to reducing crime and disorder
24
Useful contacts
Anti-Bullying Alliance (ABA) www.ncb.org.uk/aba/
Advisory Centre for Education
www.ace-ed.org.uk BBCi online
www.bbc.co.uk/schools/bullying/ Beatbullying
www.beatfullying.org Childline
www.childline.org.uk Childrens Legal Centre
www.childrenslegalcentre.com Department for
Education and Skills www.dfes.gov.uk/bullying/ K
idscape www.kidscape.org.uk The NSPCC
www.there4me.com Parentline Plus
www.partentlineplus.org.uk
ConsequencesConsequences Consequences Consequen
ces Consequences