FOI 0666-2025/26- Non-crime hate incidents
Request:
General questions on NCHI records
- Please provide information on the total number of NCHIs currently (as at the date of this request) recorded by the North Yorkshire Police.
- Please provide information on the total number of NCHI recorded by the North Yorkshire Police since the introduction of the 2014 Hate Crime Operational Guidance published by the College of Policing (the “HCOG”).
- Please provide a description of the database(s) on which NCHIs are first recorded and any database(s) to which they are (or may be) transferred. (Please provide further information if these databases have changed at any point since 2014.)
- Please provide details (including copies where possible) of any policies and procedures relating to the steps the North Yorkshire Police takes to remove NCHI data upon the expiration of any relevant data retention periods (for example, upon the expiration of a six-year limitation period).
- Please provide copies of any internal guidance or policy documents relating to the application of:
- The National Standard for Incident Recording published by the Home Office in 2011;
- The HCOG; and/or
- The Non-Crime Hate Incidents: Code of Practice on the Recording and Retention of Personal Data published by the College of Policing in 2023 (the “2023 Guidance”).
- Please also provide any other guidance or internal policy documents used by police officers in relation to the NCHI recording or review process.
Period 1: from implementation of the 2014 HCOG until the Court of Appeal decision in R (Miller) v College of Policing [2021] EWCA Civ 1926, handed down on 20 December 2021
- Please state the total number of NCHIs recorded between the introduction of the HCOG and 20 December 2021.
- Please state the total number of persons who have had NCHIs recorded against them between the introduction of the HCOG and 20 December 2021.
- Please state the total number of NCHIs recorded before 20 December 2021:
- Where the NCHI data has not been recorded as having been reviewed or been otherwise removed.
- Where the NCHI data was deleted, without substantive review, because a relevant data retention period elapsed.
- Where the NCHI data has been recorded as having been reviewed and then deleted.
- Where the NCHI data has been recorded as having been reviewed, and then retained but under a different categorisation (i.e. no longer as an NCHI).
- Where the NCHI data has been both recorded as having been reviewed and then retained.
- Please state the total number of different persons against whom an NCHI was recorded in each of categories (a) to (e) of question 9 above. If no individual has more than one NCHI recorded against them in any of the above categories, please say so.
Period 2: from the day after the Court of Appeal decision in Miller (i.e. 21 December 2021) until the publication of the 2023 Guidance on 3 June 2023
- Please state the total number of NCHIs recorded between 21 December 2021 and 3 June 2023.
- Please state the total number of persons who have had NCHIs recorded against them between 21 December 2021 and 3 June 2023.
- Please state the total number of NCHIs recorded between 21 December 2021 and 3 June 2023:
- Where the NCHI data has not been recorded as having been reviewed or been otherwise removed.
- Where the NCHI data was deleted, without substantive review, because a relevant data retention period elapsed.
- Where the NCHI data has been recorded as having been reviewed and then deleted.
- Where the NCHI data has been recorded as having been reviewed, and then retained but under a different categorisation (i.e. no longer as an NCHI).
- Where the NCHI data has been both recorded as having been reviewed and then retained.
- Please state the total number of different persons against whom an NCHI was recorded in each of categories (a) to (e) of question 13 above. If no individual has more than one NCHI recorded against them in any of the above categories, please say so.
Period 3: since the publication of the 2023 Guidance on 3 June 2023
- Please state the total number of NCHIs recorded during this period.
- Please state the date when the North Yorkshire Police implemented the Non-Crime Hate Incidents: Code of Practice on the Recording and Retention of Personal Data (the “2023 Guidance”).
- Please state the total number of persons who have had NCHIs recorded against them between 4 June 2023 and the date of implementation of the 2023 Guidance by the North Yorkshire Police.
- Please state the total number of NCHIs recorded between 4 June 2023 and the date of implementation of the 2023 Guidance by the North Yorkshire Police:
- Where the NCHI data has not been recorded as having been reviewed or been otherwise removed.
- Where the NCHI data was deleted, without substantive review, because a relevant data retention period elapsed.
- Where the NCHI data has been recorded as having been reviewed and then deleted.
- Where the NCHI data has been recorded as having been reviewed, and then retained but under a different categorisation (i.e. no longer as an NCHI).
- Where the NCHI data has been both recorded as having been reviewed and then retained.
- Please state the total number of different persons against whom an NCHI was recorded in each of categories (a) to (e) of question 18 above. If no individual has more than one NCHI recorded against them in any of the above categories, please say so.
- Please state the total number of different persons against whom an NCHI has been recorded after the implementation of the 2023 Guidance by the North Yorkshire Police.
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, it would be necessary to manually review each NCHI recorded for the timeframe specified and look at any repeated people and cross reference that data with other spreadsheets in relation to what decision was made in relation to that NCHI such as retain, remove, redact etc. It is difficult to extract the number of incidents a person has recorded against them as incidents do not always have a person linked with a ‘victim’ involvement as they are not a crime. The person involvements vary so would require a manual review determine who the NCHI is aimed at. This extensive manual review 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 Q1 – Q7 and Q16 if you resubmit and omit Q8 - Q15 and Q17 - Q20. 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.