FOI 0074-2026/27- Non-crime hate incidents

Request:

For the time frame 3 June 2021 to 3 June 2023, please provide, broken down by month:

Q1. The total number of NCHIs recorded between 3 June 2021 and 3 June 2023

Q2. If retrievable within the cost limit, the total number of incidents relating to each of the particular characteristic(s) (eg race, religion, sexual orientation, transgender identity, disability, sex/gender) or any other characteristic not deemed to be a “particular characteristic”. Please include subcategories where available (eg which religion was targeted)

For the time frame 3 June 2023 to the date of your response, please provide, broken down by month:

Q3. The total number of NCHIs recorded

Q4. If held, the total number of NCHI reports that were subsequently not recorded, broken down by the reason given (eg debate, humour, satire, personally-held views which are lawfully expressed, deemed to be trivial, irrational, malicious, or not motivated by intentional hostility)

Q5. If retrievable within the cost limit, the total figures for the following recorded details, including (but not limited to):

a) Incidents relating to each of the particular characteristics (eg race, religion, sexual orientation, transgender identity, disability, sex/gender) or any other characteristic not deemed to be a “particular characteristic”

b) Incidents for each particular characteristic category that met the threshold for presenting “a real risk of significant harm to individuals or groups with a particular characteristic(s) and/or a real risk that a future criminal offence may be committed against individuals or groups with a particular characteristic(s)”

c) The broad nature or category of the incident (eg speech, written communication, online conduct, other behaviour)

d) The outcome or action taken

Q6. And if retrievable within the cost limit, please also include the total figures for the following recorded details:

e) The source of the recorded incident (eg third party, person targeted, police)

f) Incidents that led to the accused person being notified that a record had been created, in circumstances where the personal data threshold was met

g) Incidents initially logged as a hate crime before being reclassified as an NCHI

Response:

Extent of Searches to Locate Information

Following receipt of your request searches were conducted within North Yorkshire Police to locate relevant information. 

Decision

I am not obliged to provide you with a response to your request pursuant to Section 12(1) of the Freedom of Information Act 2000 (the Act). Please note that when one part of your request falls under Section 12, we are not obliged to review the rest of the questions and the whole request is therefore exempt.

Section 12(1) applies to your request as the cost of complying with your request is above the amount to which we are legally required to respond i.e. the cost of identifying and retrieving any relevant information exceeds the ‘appropriate level’ as stated in the Freedom of Information (Appropriate Limit and Fees) Regulations 2004.

Due to the nature of our recording systems the information requested, if held, is not in an easily retrievable format. Our information retrieval process generally relies on a computer ran report which captures any information recorded upon the surface of a record or within specified fields. Where relevant information is held deeper in the record, or outside of a specified field, a manual assessment is required to retrieve that information.

In order to retrieve the requested information for Q5c, Q5d & Q6g, it would be necessary to manually review over 350 NCHI for the timeframe specified to establish the broad nature or category of the incident, the outcome/action taken and if incidents initially logged as a hate crime before being reclassified as an NCHI. This manual process would exceed the time limit allowed under the Act. 

Pursuant to Section 17(5) of the Freedom of Information Act this letter acts as a Refusal Notice.

Pursuant to Section 16 of the Act I am required to offer you advice and assistance with regarding to refining your request to within the ‘appropriate limit’ (time/cost limit). However, we may be able to provide some information for the rest of the request if you resubmit and omit Q5c, Q5d & Q6g. Please also be advised that should the request be refined, it does not remove the public authorities right to cite exemptions if relevant. If you wish to discuss this please do not hesitate to contact me.

Please note that systems used for recording information are not generic, nor are the procedures used locally in capturing the data.  It should be noted therefore that this force’s response to your questions should not be used for comparison purposes with any other responses you may receive.