When will the government change disability hate crime law?

With more than 11,000 cases in the last year, disability hate crime remains a risk for disabled people across the country.
The results of United Response’s groundbreaking survey last year revealed that more than 70% of disabled people don’t report hate crime, so it seems likely that the actual total is much higher. Indeed, without government action to update the law, train police to better support disabled people, and impose tougher sentences on perpetrators, little actual change in the number of hate crimes can be expected.
On page 89 of its 2024 election manifesto, the Labour Party promised to “protect LGBT+ and disabled people by making all existing strands of hate crime an aggravated offence”. This would finally enact a recommendation made three years ago in the Law Commission report on hate crime. At the moment, only hate crimes of a racial or religious nature receive the strongest sentences, and the report called for the law to be applied fairly. In January, a government memo was leaked that showed action was finally being taken, sparking hope of quick change.
What is the government going to do about disability hate crime? And when?
The MP Edward Morello kindly submitted a question to the government on behalf of United Response. The answer on timing was somewhat vague:

Dame Diana Johnson, answering on behalf of the Home Secretary, told us that the government has “committed to ensuring parity of protection for disabled and LGBT+ people under the aggravated offences and will implement this change in an appropriate legislative vehicle in due course.” In simple terms, this means that the government does plan to change the law to treat all hate crimes the same. Exactly when remains unclear.
Dame Johnson also answered our question about police training, again submitted by Edward Morello:

In this case, her answer explains that the College of Policing is in charge of training, and that the National Online Hate Crime Hub exists to support police forces in dealing with online hate crime. It also adds that the government has “committed to ensuring parity of protection for disabled and LGBT+ people under the aggravated offences and will implement this change in an appropriate legislative vehicle in due course.”
Finally, Edward Morello asked the Ministry of Justice about the suitability of current sentences for offenders:

Sir Nicholas Dakin, responding on behalf of the Secretary of State for Justice, explained that courts must examine whether hate for disabled people was a motivator for a crime. As detailed in the very first edition of this blog, this means that prosecutors can apply for a sentence uplift, handing perpetrators more serious sentences. He also repeats, yet again, that the government has “committed to ensuring parity of protection for disabled and LGBT+ people under the aggravated offences and will implement this change in an appropriate legislative vehicle in due course.”
What is clear is that the law will be changed at some point. At the moment, disability hate crimes are occurring at a rate of more than 30 every single day, and perhaps much higher if concerns about underreporting are true. It goes without saying that many disabled victims of hate crime would prefer action as soon as possible, and it seems very likely that many more disabled people will be victimised before any new legislation comes into effect.
Taking Action
United Response is continuing to reach out to MPs from across the political spectrum to ask them to take action on disability hate crime. If you feel you can help bring this issue to the attention of your MP, please get in touch by emailing policy@unitedresponse.org.uk.
We sincerely thank Edward Morello for his wholehearted support of our disability hate crime campaign. Unless MPs speak up about this, government will not give the issue the attention it is due.
Click here to read the previous entry in the Experts on Disability Hate Crime blog, which looks at the issue of disability hate crime on buses.
Image credit © iStock.
- Dr Freddie Jobbins is a Disability Hate Crime Project Researcher for United Response