A disagreement in the workplace over a colleague discussing a genital Where’s Wally tattoo and someone sticking an “Adolf Hitler moustache” on their face featured in more than 6,500 non-crime hate incidents (NCHIs) recorded by 28 police forces in Britain last year.
Forces also recorded a neighbour parking too close to a car as well as a report of two white females singing a song with “Africa” in a lyrics while a black woman walked past.
NCHIs should only be recorded by police forces where no criminal offence has been committed but the person reporting it believes the incident is motivated by hostility or prejudice because of race, religion, sexual orientation, disability or transgender identity.
Personal data can only be logged if there is a serious risk of significant harm or it could lead to a criminal offence.
They are recorded for officers to gather intelligence on hate incidents in communities – but critics say they are an intrusion of freedom of speech.
Under Home Office’s guidance, police officers and staff should take a “common sense” approach, and not log trivial, malicious or irrational reports.
But Freedom of Information Act requests by The Independent show that while many NCHIs clearly meet the threshold for recording, several appear to be questionable.
Bedfordshire Police recorded “fuss” in a work place when a colleague described a Where’s Wally tattoo on his genitals as part of an incident logged that also included the worker calling a cap the complainant was wearing a durag, which they said “came across as quiet racist/stereotypical”.
Cumbria Police recorded an NCHI were two white women sang a song with Africa in the lyrics whilst walking past a black female in a store, which the complainant perceived to be a hate incident due to race.
The same force logged a man stating on public forums words to the effect of “European Union citizens, steal your jobs without putting money in and take money out without contributing to society”.
And its officers also recorded a NCHI after it was reported a person made a sticker to look like an Adolf Hitler moustache, and then stuck it to their face.
Staffordshire Police recorded a Palestine flag sticker being stuck on a shop shelf calling for a boycott of Israeli produce.
North Wales Police logged a neighbour parking closely to the complainant’s son, and also a pentagram symbol spray painted on a lawn which was believed to be linked to religious hatred and antisocial behaviour.
The force also recorded an incident where a person had objected to a disabled person riding a mobility scooter on a pavement.
Humberside Police recorded a “smirking” learner vehicle blocking a guide dog’s owner’s right of way on a pavement. The force also logged an incident where a male pupil called a person “Rishi”.
Another NCHI recorded by the force read: “Female sends an email to family members and copies in police email. The email is nothing to do with police and is a long rant aimed at family members and refers to them as “pure evil Nazis”.”
Dorset Police recorded an incident summarised as “brown sauce over car”, and two other NCHIs were linked to youth pride events.
Dyfed-Powys Police logged an incident over a person targeted with radio static noise while playing outside in a dispute that started “when they fell out over a chicken”.
The Home Office’s code of practice on non-crime hate incidents was updated in 2023 to raise the threshold for when personal data can be recorded on a NCHI in response to concerns over freedom of speech.
It appeared to reflect a fall in NCHIs recorded by the 29 police forces that responded to the FOI request. A total of 6,684 NCHIs were logged last year in the 12 months ending on 31 October last year – although two forces provided the data on calendar years.
That figure was down from 7,036 the year before, and 8,389 in 2020/21.
Police Scotland recorded the most NCHIs, 1,173, followed by South Yorkshire, 513, and Nottinghamshire, 465.
In November, the College of Policing chair Lord Herbert of South Downs suggested the need for a “rebalancing” over the public’s response to the incidents, saying police should be able to focus on their job rather than deal with “mere disputes” that damage public confidence.
And last September, watchdog His Majesty’s Inspectorate of Constabulary and Fire and Rescue Services found that police were recording and attending too many NCHIs, and not consistently applying national guidance.
Critics include Hampshire Police and Crime commissioner Donna Jones, who said NCHIs should be scrapped in their current form. She said police should not be responding to an incident that was not a crime.
The Tory politician told The Independent: “ The police exist to investigate crime and protect the public. The fact that more than 6,000 ‘non-crime’ incidents were recorded in 2024, including reports about stick-on moustaches, tattoos, and song lyrics shows just how flawed the guidance is.
“This issue stems from poorly worded legislation and unclear guidance issued to police forces, which has left officers in an invidious position of taking time away from tackling serious crimes like burglary, shop theft, street robbery, and sexual assault.
“Hate crimes are impactful and some can be very serious. When these actual crimes are committed, the police must act and take appropriate action. Victims of hate crimes deserve the right support. Policing should focus on criminal offences, with clearer laws to prevent unnecessary interventions.
“But the clue is in the title, if it’s not a crime, police shouldn’t be involved; they simply don’t have enough time. Officers don’t have the resources to monitor playground disputes or pub conversations. This legislation needs an urgent overhaul so police can focus on delivering justice for victims and making communities safer.”
A National Police Chiefs’ Council, which is currently reviewing the use and effectiveness of NCHIs, said forces faced an “operational complexity” in balancing freedom of speech and protecting communities and individuals from hate crime.
A spokesperson told The Independent: “There is a high bar for prosecuting the offence of stirring up racial hatred, which is substantially different from the grounds for recording and investigating an allegation.
“There are many complaints across offence types that pass the test for recording and investigation but do not reach the threshold for prosecution once investigations are complete. We recognise there are strongly held and competing views on hate crime and the criminal justice response to it.”
A West Yorkshire Police spokesperson said: “Police need to apply their judgement in establishing whether there is hostility towards a protected characteristic group. If, having applied their judgement and taking account of the full context, no hostility is found, the incident must not be recorded as an hate incident.”
The Home Office said home secretary Yvette Cooper had made clear the “consistent and common-sense approach” required when dealing with NCHIs.
A spokesperson added: “The home secretary has also made clear that she believes all police forces should be focused on the central priorities of the government’s Safer Streets Mission, including rebuilding neighbourhood policing, reducing anti-social behaviour, and making progress towards the unprecedented ambition to halve knife crime and violence against women and girls within a decade.”
