Question to the Home Office:

To ask the Secretary of State for the Home Department, how many and what proportion of non-crime hate incidents have been recorded by police forces since the new code of practice was announced in March 2023.

As provided for in the Police, Crime, and Sentencing Act 2022, in 2023 the Government introduced the statutory Non-Crime Hate Incidents Code of Practice on the Recording and Retention of Personal Data in order to make the processes surrounding the recording and retention of personal data more transparent and subject to stronger safeguards. The new code came into effect on 3 June 2023 and applies to police forces across England and Wales.

Whilst recognising the operational importance of NCHI recording for the police in protecting vulnerable people and communities from harm, the code clarifies that the police should only record NCHIs when it is necessary and proportionate to do so and not simply because someone is offended.

The College of Policing also updated its operational guidance for the police, known as ‘Authorised Professional Practice’ (APP), to ensure that its guidance on NCHI recording aligns with the code.

Prior to the code and updated APP coming into effect, the College communicated with forces about the changes introduced by the code and revised APP. The College also developed an e-briefing pack on NCHIs which is available to forces. It is for individual police forces to ensure that they comply with the law and must have regard to the statutory code of practice and all the relevant operational guidance.

The Home Office does not collect data from forces on the number of NCHIs recorded by the police. The data collected from the police balances policy needs and the burden on forces.