In 2023, there were over 13,000 disability hate crimes in England and Wales, which is more than 30 every single day.

Despite this epidemic of disability hate crime (DHC), public understanding remains poor, and prosecution rates for perpetrators are lower than for any other type of hate crime. Only 1.2% of DHCs involving violence against a disabled person last year resulted in a charge or summons against the perpetrator, meaning that most disabled people who experience hate crime get no resolution. You can help do something about this.

A lack of evidence and a lack of a suspect are amongst the major reasons that 74% of all hate crime cases are dropped (House of Commons Hate Crime Statistics, Page 11). Read on and arm yourself with the knowledge you need to take an active role in reporting DHCs and in increasing prosecution rates for those who perpetrate them.

What to do if you see a hate crime

The key factor to consider when intervening in a case of DHC is your own safety, and the safety of the victim. This must always be your first thought. Arguing with a perpetrator can easily make things worse. With that in mind, there are still so many ways you can be useful in the moment, should you feel comfortable doing so. 

A lack of testimonials from witnesses is a huge part of the prosecution rate problem, but there are many simple, practical ways you can gather the evidence needed. Transport for London’s Active Bystander campaign encourages witnesses to make notes on locations and times, and on the appearance and actions of the perpetrator. Engaging with the victim during the incident, by asking a simple question about the journey you are on, can help defuse the situation. And checking with the victim after the incident can make a huge difference to their wellbeing.

Those simple steps are useful, but the case law on DHC is more nuanced than you might think, and there are several additional points to consider. Knowing these facts could give you the confidence to complete a successful report, and make the difference between securing a charge or not. 

  • Perception of hostility is the key test for the police and other legal authorities. Hostility is not defined in the Crime and Disorder Act 1998, so any immediate demonstration of a hostile act, such as verbal or physical abuse, can be considered. There is no arbitrary threshold that must be met. 
  • Importantly, the victim is not the only person whose perception is legally relevant. The Crown Prosecution Service (CPS) writes in its prosecution guidelines that DHC is defined as any “…incident / crime which is perceived by the victim or any other person, to be motivated by a hostility or prejudice based on a person’s disability or perceived disability”. As a bystander, disabled or not, you can providence evidence of the hostility you witnessed. If you have perceived hostility, make a report. Contact the police, or organisations like True Vision.
A lawyer explains case law to a client.
  • A further consideration is that victims don’t require a formal diagnosis of disability. Again, we return to the CPS’s definition. A DHC is any “…incident / crime which is perceived by the victim or any other person, to be motivated by a hostility or prejudice based on a person’s disability or perceived disability“. [Emphasis ours.] This is particularly relevant because many disabilities are invisible. Some neurodivergent communities are also increasingly accepting of self-diagnosed people.
  • Finally, don’t forget that your successful report of a DHC can even alter the sentence handed down by a judge. With sufficient evidence, prosecutors can apply for an uplift in hate crime cases, leading to perpetrators receiving more serious sentences.

These are some useful facts to hold in mind for those moments when you might witness a DHC, particularly if you are disabled, if you spend time with disabled friends, family, and colleagues, or if you want to be a better ally to disabled communities. You can be that vital witness for a disabled stranger, just as someone else might be that vital witness for you. 

United Response’s Disability Hate Crime Research Project 

To further our work in this area, United Response has partnered with the Motability Foundation on a groundbreaking research project, focusing specifically on the lived experience of those disabled people who have been victims of DHC on public transport. A team of disabled researchers has come together to create a first-of-its-kind survey to generate new insights into the issue, and we encourage anyone who has experienced DHC on public transport to fill this out.

Complete our survey

We need your stories to show how very real this problem is. This has become even more important with the recent experiences of Baroness Tanni Grey-Thompson. If a member of the House of Lords can be let down by a transport company, anyone can. Taking the results of our survey to public transport providers, the police, and the Government will make a huge difference. When we speak up together, our voices cannot be ignored. 

This is the first entry in United Response’s new Experts on Disability Hate Crime blog. Further discussion of this issue, including updates on the DHC research project, will feature in the coming months. Image credits © iStock.

  • Dr Freddie Jobbins is a Disability Hate Crime Project Researcher for United Response