Conservatives push to ban Non-Crime Hate Incidents from police records

An amendment planned for Labour’s Crime and Policing Bill would make it unlawful for officers to collect or retain personal data unless a crime has actually taken place. The only exception would require approval from a senior officer (Inspector or above) for clear reasons, such as preventing or investigating criminal activity.

What are NCHIs?

NCHIs are reports made to the police about behaviour perceived to be motivated by hostility towards protected characteristics – such as race, religion, sexual orientation, disability, or transgender identity – even if the behaviour does not amount to criminal offence.

The practice started in 2014, influenced by the landmark Macpherson Report from 1999, which investigated the Metropolitan Police’s handling of the racist murder of teenager Stephen Lawrence. 

Initially introduced to help police forces track potential tensions within communities, NCHIs were intended as a preventative measure to stop potential hate crimes before they escalated. However, unlike legislation debated and passed by Parliament, the use of NCHIs was never explicitly authorised through law. Instead, it came through guidance issued by the College of Policing, leading to inconsistency and confusion about its implementation across various police forces.

Controversy and Criticism

The policy has increasingly drawn criticism for its perceived impact on freedom of speech and police overreach. Critics argue that it leads police to become involved in regulating speech and opinion rather than focusing on criminal activity.

In a ruling in 2021, the Court of Appeal sided with Harry Miller, a former police officer who challenged the recording of an NCHI against him for comments he made online. The court concluded that the recording of such incidents could create a “chilling effect” on individuals’ rights to free expression.

Following the case, the Home Office revised national guidance in 2023. It introduced a “serious harm” threshold, meaning police were only supposed to record NCHIs if there was a legitimate risk of significant impact. Despite the new guidelines, a comprehensive inspection by His Majesty’s Inspectorate of Constabulary and Fire & Rescue Services in 2024 found widespread improper use of NCHIs. The report indicated officers continued logging incidents unnecessarily due to fears of criticism or backlash for perceived inaction.

The Conservative Party says their amendment is necessary to ensure police resources are focused on criminal activity. They argue that NCHIs are being used to monitor opinions and behaviour rather than enforcing the law.

Party leader Kemi Badenoch MP said:

“The British public want police on the streets – fighting crime and protecting families – not trawling social media for things someone might find offensive.

Recording so-called ‘non-crime hate incidents’ hasn’t cut crime. It’s wasted police time and undermined trust.”

Chris Philp MP, Shadow Home Secretary, added:

 “The role of the police is to fight crime and protect our citizens – not to monitor and police thoughts or opinions.”

According to a 2024 investigation by The Daily Telegraph, more than 133,000 NCHIs have been logged across the 43 police forces in England and Wales since 2014 – averaging around 13,000 a year.

A Times investigation in late 2024 revealed that several children had NCHIs recorded against them for playground language. This included a nine-year-old who called a classmate a “retard” and two girls who said another pupil “smelt like fish”.

Campaigners say that while the remarks may be unpleasant, they should not involve police logging schoolchildren for non-criminal conduct. The records, even if not technically criminal, could still appear in enhanced criminal record checks later in life.

Balancing protection and free speech

Supporters of the current system argue that NCHIs give police a way to monitor behaviour that may fall short of a criminal offence but still poses a risk to individuals or communities. They say the records can help identify patterns of hostility or escalation, particularly in cases where no single incident would trigger a police response on its own. Groups representing minorities and victims of hate incidents have warned that removing NCHIs entirely could make it harder to flag persistent, low-level abuse and protect vulnerable people.

Neil Basu, former head of the UK’s counterterrorism policing network, emphasised the importance of NCHIs in community policing, stating that they help “nip [antisocial behaviour] in the bud before it escalates into crime.” Basu highlighted the tragic case of Fiona Pilkington and her daughter, who died following years of unchecked harassment, as a stark reminder of the consequences when early warning signs are missed.

The proposal is expected to be debated in Parliament in the coming weeks. If approved, the changes would take effect within six months of the Crime and Policing Bill becoming law.