The end of hate incidents and the risk to Restorative Justice
This is a blog by our Restorative Justice Programme Manager, Anika Cosgrove and our CEO, Sara Dowling.
The Home Secretary recently announced that police in England and Wales will no longer be required to record or investigate non-crime hate incidents.
At Why me?, we are concerned about the impact this change will have on access to Restorative Justice for those who have experienced harm and we are not alone in our concerns.
While this change affects police data‑handling and thresholds for formal investigation, it does not remove the harm, conflict, or community tension that may arise from behaviour perceived as hateful or discriminatory.
Restorative Justice gives a voice to victims of crime who feel silenced and disempowered, experiences that we often hear reported following cases of hate crimes and incidents. Restorative Justice creates safe, inclusive, accessible spaces where victims can express their experiences and feelings. It can also be a place of reflection and development of self-awareness for the harmer. The Restorative Justice process serves the potential for reintegration for both parties in a community they share.
The current threshold to access Restorative Justice across the UK already poses issues in itself. Many local providers are limited in their ability to take on Restorative Justice cases without criminal justice involvement due to GDPR and information sharing. At Why me? we often see how this becomes an obstacle for survivors of non-reported sexual abuse who are exploring Restorative Justice as an option.
Our concerns are that this change will now create the same difficulties for individuals with other protected characteristics who have been victims of a hate incident and who are keen to explore Restorative Justice. Leaving us as a sector having to further tighten existing referral thresholds and therefore limiting accessibility for victims.
This change also risks diminishing the accountability and responsibility of the harmers. When the severity of their actions is downplayed by the State, it reduces the potential for harmers to take accountability, which could impact the healing process for victims.
As we reflect on these developments, Why me? will continue to advocate for a system that prioritises the safety and dignity for all individuals.
Why me? remains committed to ensuring that individuals and communities continue to have fair and meaningful access to Restorative Justice, even as national policing policy regarding the recording and investigation of non‑crime hate incidents changes.
Why me? believe that…
- Restorative Justice remains an important voluntary pathway for people who have been affected by such behaviour and wish to seek communication, understanding, or resolution.
- Restorative Justice must remain available for cases involving interpersonal harm, conflict, or discriminatory behaviour, regardless of whether the police classify the incident as a crime. We recognise that harm can occur without criminality, and individuals should not lose access to restorative processes because an incident does not meet a policing threshold.
- Any person who feels harmed by the actions, words, or behaviour of another may request Restorative Justice. RJ practitioners will assess suitability based on risk, safety, consent, and readiness, and not on whether the incident is recorded as a crime.
- Police should be encouraged to signpost individuals to RJ services even when they are not recording the incident. The absence of a police record should not prevent RJ practitioners from facilitating communication, mediation, or restorative dialogue.
It is important that we acknowledge people’s intersectional experience of being and do our best to support their recovery. We must ensure that their experiences are valued and addressed within the broader context of the community as a whole.
We have developed a number of resources to support the delivery of RJ in cases involving hate crime, including our Good Practice Guide on working with LGBTQ+ hate crimes and incidents and our guide on addressing homophobia, biphobia and transphobia in schools.
Sherrall’s story
Sherrall was verbally attacked by a young person who refused to let her wheelchair pass. Worried that the police would not take her seriously, the incident was never reported. A few years later she contacted Why me? and took part in a restorative conversation.
“It was good to have the opportunity to talk about the incident and not be judged in any way.”
