Hidden in plain sightInquiry intodisability-relatedharassment

Executive summaryScotland

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Key findings

Several serious cases of abuse of disabledpeople – such as Fiona Pilkington and herdaughter, Francecca, who died in 2007after suffering years of harassment – havebeen reported in the media over the lastfew years. Our inquiry shows thatharassment of disabled people is a seriousproblem which needs to be betterunderstood.

The inquiry has confirmed that thecases of disability-related harassmentwhich come to court and receive mediaattention are only the tip of the iceberg.Our evidence indicates that, for manydisabled people, harassment is acommonplace experience. Many cometo accept it as inevitable.

Disabled people often do not reportharassment, for a number of reasons: itmay be unclear who to report it to; theymay fear the consequences of reporting;or they may fear that the police or otherauthorities will not believe them. Aculture of disbelief exists around thisissue. For this reason, we describe it asa problem which is ‘hidden in plainsight’.

There is a systemic failure by publicauthorities to recognise the extent andimpact of harassment and abuse ofdisabled people, take action to preventit happening in the first place andintervene effectively when it does.These organisational failings need to be

Executive summary

addressed as a matter of urgency andthe full report makes a number ofrecommendations aimed at helpingagencies to do so.

Effective and lasting systemic change ispossible where leadership andcommitment are shown, and we canpoint to examples in Scotland ofauthorities rising to the challenge aftervery serious incidents. It is essentialthat the wider public sector learns fromthese examples of best practice.

Any serious attempt to prevent theharassment of disabled people will needto consider more than organisationalchange, although that will be animportant precondition to progress.The bigger challenge is to transform theway disabled people are viewed, valuedand included in society.

In Scotland, law and policy are alreadysignificantly ahead of England andWales in some respects, with law andpolicy on protecting adults from harmcompletely overhauled sincedevolution. Going forward, we want tolook at what more can be done tofurther embed equalities and humanrights thinking into the work of publicauthorities in Scotland.

Many of the victims in these cases weresocially isolated, which put them atgreater risk of harassment and violence.The harassment often took place in thecontext of exploitative relationships.

Left unmanaged, non-criminalbehaviour and ‘petty’ crime has thepotential to escalate into more extremebehaviour. Several of the deaths werepreceded by relentless non-criminaland minor criminal behaviour, whichgradually increased in frequency andintensity.

Public authorities were often aware ofearlier, less serious incidents but hadtaken little action to bring theharassment to an end. In some cases,no effective action was taken to protectthe disabled person even when publicauthorities were aware of allegations ofvery serious assaults. This left thedisabled person at risk of further harm.

Public authorities sometimes focusedon the victim’s behaviour and suggestedrestrictions to their lives to avoidharassment rather than dealing withthe perpetrators.

There was often a failure to shareintelligence and co-ordinate responsesacross different services andorganisations.

Disability is rarely considered as apossible motivating factor in crime andantisocial behaviour. As a result, theincidents are given low priority andappropriate hate incident policy andlegislative frameworks are not applied.

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Inquiry into disability-related harassment – Executive summary

Ten cases

As part of this inquiry we examined 10cases in Scotland, England and Waleswhere disabled people have died or beenseriously injured. Our intention in lookingat this selection of cases is to illustratesome of the key features of disability-related harassment. They give us someclues as to how and why such behaviourhappens, and how, even when it is of avery extreme nature, it can gounchallenged.

The victims in these cases were: DavidAskew, ‘the vulnerable adult’, KeithPhilpott, Shaowei He, ChristopherFoulkes, Colin Greenwood, Steven Hoskin,Laura Milne, Michael Gilbert and BrentMartin. For more details of the casesplease see the full report.

The key findings from examining thesecases are:

There is a systemic failure by publicauthorities to recognise the extent andimpact of harassment and abuse ofdisabled people, take action to preventit happening in the first place andintervene effectively when it does.These organisational failings need to beaddressed as a matter of urgency andthe main report makes a number ofrecommendations aimed at helpingagencies to do so.

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Around 1.9 million disabled peoplewere victims of crime in 2009/10.While we do not know exactly howmany were victims of harassment, wedo know that disabled people are morelikely to be victims of crime than peoplewho are not disabled. There are somestudies which indicate that disabledpeople may be more likely to be victimsof antisocial behaviour, although moreresearch is needed.

Fear of crime and its impact are greaterfor disabled people.

Harassment takes place in manydifferent settings, including in thehome, on public transport and in publicplaces, and at school or college.

Harassment can be perpetrated bystrangers, but also by friends, partnersand family members.

Disabled people often do not want toreport harassment when it occurs, for arange of reasons including fear ofconsequences, concerns that they won’t bebelieved and lack of information aboutwho to report it to.

Hidden in plain sight

The harassment of disabled people is notconfined to just a few extreme cases. Theincidents which reach the courts and themedia are just the most public examples ofa deeper social problem.

For many disabled people, harassment isan unwelcome part of everyday life. Manycome to accept it as inevitable, and focuson living with it as best they can. And toooften that harassment can take place infull view of other people and theauthorities without being recognised forwhat it is. A culture of disbelief existsaround this issue. The harassment ofdisabled people can take many differentforms, including bullying, cyber-bullying,physical violence, sexual harassment andassault, domestic violence, financialexploitation and institutional abuse.

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Left unmanaged, low level behaviourhas the potential to escalate into moreextreme behaviour. Opportunities tobring harassment to an end are beingmissed.

There is sometimes a focus on thevictim’s behaviour and ‘vulnerability’rather than dealing with theperpetrators.

Agencies do not tend to work effectivelytogether to bring ongoing disability-related harassment to an end.

There has been little investment inunderstanding the causes ofharassment and preventing it fromhappening in the first place.

There are barriers to reporting andrecording harassment across all sectors.

There are barriers to accessing justice,redress and support so mostperpetrators face few consequences fortheir actions and many victims receiveinadequate support.

There is a lack of shared learning fromthe most severe cases, so past mistakesare repeated.

Responses to harassment

A central aim of this inquiry was toinvestigate how disability-relatedharassment is dealt with by publicauthorities, public transport operators andothers.

Our key findings are:

Incidents are often dealt with inisolation rather than as a pattern ofbehaviour.

There is a lack of consideration byagencies of disability as a possiblemotivating factor in bullying, antisocialbehaviour and crime. As a result, theresponse to harassment is given lowpriority and appropriate hate incidentpolicy and legislative frameworks arenot applied.

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Inquiry into disability-related harassment – Executive summary

Seven corerecommendations

There is real ownership of the issue inorganisations critical to dealing withharassment. Leaders show strongpersonal commitment anddetermination to tackle change.

Definitive data is available which spellsout the scale, severity and nature ofdisability harassment and enablesbetter monitoring of the performance ofthose responsible for dealing with it.

The criminal justice system is moreaccessible and responsive to victimsand disabled people and provideseffective support to them.

We have a better understanding of themotivations and circumstances ofperpetrators and are able to moreeffectively design interventions.

The wider community has a morepositive attitude towards disabledpeople and better understands thenature of the problem.

Promising approaches to preventingand responding to harassment andsupport systems for those who requirethem have been evaluated anddisseminated.

All frontline staff who may be requiredto recognise and respond to issues ofdisability-related harassment havereceived effective guidance andtraining.

Manifesto for change

Our inquiry uncovered evidence that thereis much which all agencies involved coulddo to improve their performance inpreventing and dealing with disability-related harassment. Our full report setsout specific measures for each relevantsector which our evidence suggests couldmake a major difference. These include,ministers in key departments, localgovernment leaders , housing providers,the NHS, the police, the courts, schoolsand public transport operators.

Over the next six months we will consultwidely with stakeholders on whether theseare the right steps, how they might workand whether there are any other measureswhich might be more effective. We want tofind out how these recommendations canbe embedded in planned initiatives, andbe cost-effective. Most importantly, werecognise that we will only succeed ineffecting change when others takeresponsibility and ownership for theserecommendations.

At this stage, it is clear that there are sevenareas where improvements will show to usthat society is achieving real progress intackling harassment.

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There is real ownership of the issuewhich is apparent in organisationscritical to dealing with harassment.Leaders show strong personalcommitment and determination totackle change

Our evidence shows the most criticalfactor in organisations improving theirperformance, is the level of commitmentand determination to address the issueshown by their leaders. It is after all seniorofficers and executives who set thepriorities for organisations. If there is areal and visible commitment to change atthe most senior level then it is likely thatthis will drive real change throughout theorganisations which they lead.

In addition to showing leadership withintheir organisations, we would expectleaders to embrace public accountability.Transparency over performance is oneaspect to this – which involves a realcommitment to share data which showshow their organisation is performing.Another aspect is the display of a personalwillingness to be publicly accountable forany serious instances which occur in theirarea. Finally, we would expect thispersonal commitment to be formallyrecognised within public authorities’ coreobjectives, either within their governancestructures or otherwise.

Definitive data is available whichspells out the scale, severity andnature of disability harassment andenables better monitoring of theperformance of those responsiblefor dealing with it.

While our inquiry has uncovered a greatdeal about disability-related harassment,there remains much which we don’t know.Without comprehensive data, across allagencies, it will be impossible for oursociety to properly respond. In theinterests of transparency, we also needpublic authorities to publish theirperformance so that the public can assesshow they are performing.

We recommend that all data systems inthese agencies:

are able to record whether the victim isa disabled person (and/or has anothertype of protected characteristic)

are able to determine:

– whether the incident was motivated by the victim’s disability and/or any other form of protected characteristic

– that there is clarity as to who will take the issue forward

– whether or not this is a first instance of harassment or part of a more general, or escalating, pattern

– the priority status accorded to each incident in relation to risk to the victim or, if known, motives and circumstances of the perpetrator

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Inquiry into disability-related harassment – Executive summary

– where harassment persists, whether and to what extent priority status should be given to a situation

– which other local agencies have been alerted to the problem or, if this has not occurred, why not and under what circumstances should such agencies become involved. Also what appropriate partnership arrangements should be in place

enable identification of all ongoing orrepeat instances to avoid the anxietyand risk that such instances ofbehaviour will become progressivelymore serious

share data across agencies and identifysolutions to effective data sharing,particularly where lives may be at risk,to ensure that all involved have acomprehensive picture.

The criminal justice system is moreaccessible and responsive to victimsand disabled people and provideseffective support to them

Another major requirement of the generalresponse to disability-related harassment,and other forms of crime and antisocialbehaviour, is that victims feel adequatelysupported by all the agencies involved andthat these agencies, more generally,respond to their concerns effectively.

Wherever a disabled person first reportsan incident, the route to reporting, andultimately the criminal justice system,needs to be clear and unhindered.

We recommend the following:

all agencies involved with dealing withthe issue should review, and, wherenecessary, remove all obstacles to thereporting of disability-relatedharassment. This will, in particular,involve seeking the views of disabledpeople and their representatives

the police and prosecution servicesshould always establish whether avictim is disabled, and if they are,should consider whether that may be afactor in why the crime/incidentoccurred. They should not rely solely onthe victim’s perception. They shouldreconsider this at several stagesthroughout the investigation. Crimesagainst disabled people should rarely beconsidered motiveless.

We have a better understanding ofthe motivations and circumstancesof perpetrators and are able to moreeffectively design interventions

One fundamental issue in dealing with theproblem of disability-related harassment,and other forms of abuse, is to understandwhy it occurs.

The most urgent issue is getting a betterunderstanding of the characteristics andmotivations of those who commit acts ofdisability-related harassment.

In addition, there needs to be moreawareness of the general structures andattitudes (and the interactions betweenthem) which give rise to the problem inthe first place.

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To address these issues, we recommendthat:

targeted research is undertaken incollaboration with agencies responsiblefor offenders to build a clearer pictureof perpetrator profiles, motivations andcircumstances and, in particular, toinform prevention and rehabilitation

criminal justice agencies support bodiesthat commission research to stimulateand support studies that look into whyharassment occurs in the first place andbroader attitudes towards disabledpeople.

The wider community has a morepositive attitude towards disabledpeople and better understands thenature of the problem

With the possible exception of some of thecases which are given a high profile by themedia, disability-related harassment doesnot seem to be perceived as serious orwidespread by the public. It is, as wedescribe, hidden in plain sight. Changingwider public attitudes towards theseriousness of such harassment, and moregeneral social attitudes towards disabledpeople, forms an important part of a widersolution.

In order to initiate change in this area, werecommend that public authorities:

review the effectiveness of currentawareness-raising activities concerningdisability-related harassment wherethey exist and assess where gaps intheir campaigns could usefully be filled

use the public sector equality duty as aframework for helping promote positiveimages of disabled people and redressdisproportionate representation ofdisabled people across all areas ofpublic life

encourage all individuals andorganisations to recognise, report andrespond to any incidences of disability-related harassment they mayencounter.

All frontline staff who may berequired to recognise and respondto issues of disability-relatedharassment have received propertraining

It is clear from our evidence that reportingof and responses to harassment wouldboth be improved substantially with bettertraining for frontline staff providing publicservices. The cases show that even staffsuch as environmental health officers maycome across instances of harassment andthe ability to make appropriatesafeguarding referrals could make asignificant difference to people’s lives.

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Inquiry into disability-related harassment – Executive summary

To address these issues, we recommendthat:

all frontline staff working in allagencies, whether public authorities orvoluntary and private sectororganisations, where disability-relatedharassment, antisocial behaviour orother similar forms of activity are likelyto be an issue, are trained in how torecognise and ensure appropriatesafeguarding

more generally all agencies shouldconsider whether their wider stafftraining and development processesand appraisal and promotion systemsshould be amended to ensure suchknowledge becomes embedded and actas an incentive for better jobperformance

staff gain an understanding of disabilityequality matters and appropriateengagement with disabled service users.

Promising approaches to preventingand responding to harassment havebeen evaluated and disseminated

There is much in what many public bodiesare doing which might emerge as goodpractice and create vital learning whichother bodies can follow to help reduce theproblem. However, many of thesepromising approaches are in their infancyand as yet we do not know conclusivelywhat works and what doesn’t.

Therefore, we recommend that publicbodies conduct rigorous evaluation oftheir response and prevention projectsover a three year time frame so that wecan build a shared knowledge of the mosteffective routes to take to deal withharassment and reduce its occurrence. Allevaluations should then be widely andopenly shared so that all bodies can learnfrom them.

More detailed recommendations can befound in the full report in respect of keysectors including:

Education

Criminal justice

Local and central government

Health

Housing

Social care

Transport

Partnerships

Regulators and inspectorates

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© Equality and Human Rights Commission August 2011ISBN 978 1 84206 401 6

Artwork by Epigramwww.epigram.co.uk

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