Prejudice-based Incidents

What are Prejudice-based incidents?

A prejudice-based incident is any incident that is perceived by the victim or any other person to be motivated by hostility or prejudice based on any aspect of a person's identity, including the protected characteristics under the Equality Act (2010): race, religion, disability, sexual orientation, gender identity, age, nationality, ethnicity, appearance, language and social class. Gov.uk provide more information about protected characteristics.

A prejudice-based incident may also occur because someone associates with a person who has / is perceived to have, or is providing support to a person or group with, one or more protected characteristic.

Prejudice-based incidents reflect attitudes suggesting that one group is superior to another.

Prejudice-based incidents can take many forms including:

• physical attacks
• threat of attack
• verbal abuse
• cyber bullying

RespectMe outlines what may underpin prejudice-based incidents, how prejudice-based incidents may present and the potential impact on children and young people.

Why is it important to effectively address Prejudice based incidents?

Prejudice-related incidents and identity-based bullying can have serious consequences for children and young people. When individuals are targeted based on their identity, they may experience fear, depression, and a lack of self-confidence. These negative effects can significantly impact their education. Effectively addressing prejudice-related incidents is important for several reasons:

1. Legal Obligations: Schools have legal duties to prevent discrimination, harassment, and victimisation. By recording and addressing these incidents, schools demonstrate their commitment to fostering good relations and eliminating discriminatory behaviour.
2. Creating a Safe Environment: Tackling prejudice-related incidents improves the overall environment for everyone. A safe and inclusive environment enhances well-being and academic attainment.
3. Promoting Community Cohesion: Schools play a vital role in promoting mutual understanding, respect, and countering all forms of discrimination. By managing incidents quickly and involving all concerned parties, schools send a clear message of zero tolerance toward discriminatory behaviour.

Schools and settings need to know the reasons for and the extent of prejudice-based behaviours and need to be confident that all children and young people are safeguarded from the impact of prejudice as much as possible. The management of incidents of different types of prejudice is therefore crucial.

In summary, schools must be aware of prejudice-based incidents to fulfil their legal obligations, create a safe environment, and promote positive relationships within the school community. By addressing these incidents effectively, schools and settings can support their children and young people to Flourish.

How are prejudice-based incidents different to bullying? How do they relate to hate crime?

Prejudice-Based Incidents:

• A prejudice-based incident refers to any situation where someone experiences harm or mistreatment based on any aspect of a person's identity, including the protected characteristics under the Equality Act (2010).
• These incidents can include verbal abuse, harassment, bullying, or intimidation. However, they do not necessarily break the law.
• Essentially, a prejudice-based incident is any action that is perceived to be motivated by hostility or prejudice based on specific characteristics, but it may not constitute a criminal offense.

Bullying:

• Bullying is a form of harmful behaviour that involves a repeated and intentional effort to hurt or control another person.
• Bullying can take different forms, including verbal, physical, or emotional abuse.
• Unlike hate crimes, bullying is not necessarily tied to specific protected characteristics, but it can still cause significant harm to the victim.

Hate Crimes:

• A hate crime is a criminal offense committed against someone that is motivated by hostility or prejudice based on protected characteristics.
• Hate crimes can include acts such as physical attacks, threats of violence, hoax calls, abusive messages, online abuse, and more.
• When a prejudice-based incident amounts to a criminal offense, it is categorised as a hate crime.

In summary, while prejudice-based incidents and bullying may not always break the law, hate crimes involve criminal offenses motivated by prejudice. It's essential to address all forms of mistreatment and promote understanding and acceptance in our school communities. 

The Anti-Bullying Alliance provide further information on hate crimes and bullying.

What does the law say?

Schools have important legal obligations when it comes to addressing prejudice-based incidents. These obligations ensure that schools create a safe and inclusive environment for all children and young people. Here are the key legal aspects:

1. Equality Act 2010: Schools must work towards eliminating discrimination, harassment, and victimisation. They must promote equality of opportunity and foster good relations between persons with a protected characteristic and those without.
2. Children Act 1989: Schools must follow this act, which emphasises the welfare and protection of children and young people. It includes provisions related to safeguarding and preventing harm, including incidents related to prejudice.
3. Keeping Children Safe in Education (KCSIE): The KCSIE legislation provides a framework to effectively deal with prejudice-based incidents.
4. Education and Inspections Act 2006: This act imposes a continuing duty on schools to promote community cohesion. Schools must actively counter all forms of discrimination and support mutual understanding and respect within the school community.

These laws require schools to have clear policies and procedures in place to deal with prejudice-based incidents. They must record and report these incidents, and they should be able to involve partners if any further support or referrals are needed.

How do Norfolk schools and settings report prejudice-based incidents?

If the incident occurs, you can report it to Norfolk County Council:

• To submit an annual summary report of prejudice-related incidents reported in this academic year, please use the reporting form on the My Schools site. This form should be completed and submitted electronically.
• This does not replace your in-school reporting systems. You should continue to keep a contemporaneous record and have a clear school or setting process, including information about actions and impact in response.

What support is available?

National

Anti-bullying alliance: The Anti-bullying alliance provides free online training which covers equality and prejudice-based incidents.

Coalition for Racial Equality and Rights (CRER) and Respectme: They have developed resources for effectively challenging racism in schools. Their guidance is underpinned by the values of fairness, respect, equality, and inclusion.

Anna Freud: Anna Freud provide a range of resources in relation to prejudice-based incidents as well as how to promote inclusive cultures and environments which reduce the risk of prejudice-based incidents occurring including e-learning, curriculum resources, case studies and policy templates.

Norfolk

All prejudice-based incidents that are made known to a school or setting, involving their staff, children or parents/guardians, should be reported to the local authority on an annual basis. Use the NCC online platform on the My Schools site to report a prejudice-based incident.

Norfolk County Council are developing a toolkit for schools and settings focused on prejudice-based incidents.

Key contacts

If you would like further support, please email inclusionandsend@norfolk.gov.uk